Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 8444 of 2026 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Shashi Dhar Shukla, learned counsel for the applicants, Shri Arimardan Yadav, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicants, Nishar Ahmad and Ateek Ahmad, seeking enlargement on bail in Case Crime No. 218 of 2025, under Sections 305-A, 331(4), 317(2), 317(4) of the Bharatiya Nyaya Sanhita, 2023, Police Station Harraiya, District Basti, during the pendency of the trial before the Court below.
Learned counsel for the applicants submitted that the accused-applicants are innocent and have been falsely implicated in the present case crime number. It is further submitted that the F.I.R. dated 14.08.2025 was lodged against unknown person and that during the course of investigation, the names of the applicants came into light. It is further argued that after completion of investigation, charge-sheet was submitted against the applicants on 28.11.2025, whereupon cognizance was taken on 04.12.2025. Thereafter, charges were framed on
31.01.2026. The applicants are in judicial custody since 11.11.2025 and no further custodial interrogation is required.
Learned counsel further submitted that the criminal history of the applicants has been duly explained in paragraphs 11 and 12 of the bail Versus Counsel for Applicant(s) : Shashi Dhar Shukla Counsel for Opposite Party(s) : G.A. Nishar Ahmad And Another .....Applicant(s) State of U.P. .....Opposite Party(s)
application and that in most of the cases, the applicants are already on bail. It is also submitted that there is no likelihood of the applicants fleeing from the course of justice or tampering with the prosecution evidence in case they are released on bail. Hence, prayer for bail has been made. Learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Nishar Ahmad and Ateek Ahmad, involved in above mentioned case crime number be released on bail, on their executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicants will not tamper with the evidence.
2. The applicants will not indulge in any criminal activity.
3. The applicants will not pressurize/intimidate the prosecution witnesses and co- operate in the trial.
4. The applicants will appear regularly on each and every date fixed by the trial court, unless their personal appearance are exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail. May 7, 2026 Vibha Singh BAIL No. 8444 of 2026 2 (Ashutosh Srivastava,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad