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2026 DAILYLAW 5457 (ALL)

NEMCHAND v. STATE OF U.P.

BAIL/31825/2026 · 2026-09-08

Krishan Pahal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31825 of 2026 Court No. - 68 (Sl. No.67 out of 318) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard Sri Vipin Gangwar, learned counsel for the applicant, Sri R.M. Yadav, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 540 of 2025, under Sections 318(4), 338, 336(3), 340(2), 61(2) BNS and 66D of Information Technology Act, Police Station Nawabganj, District Bareilly, during the pendency of trial. 4. The criminal history of one case assigned to the applicant has been explained. 5. This Court is of the view that if a case for bail is otherwise made out, an accused cannot be kept incarcerated solely on account of his criminal antecedents. In the instant case, the criminal history assigned to the applicant has been properly explained. 6. Considering the facts and circumstances of the case, the evidence on record, taking into consideration the submission of learned counsel for the applicant that he is an employee in the HDFC bank and that the said public welfare center was handed over by the applicant to co-accused person and without expressing any opinion on the merits of the case, prima facie, the Versus Counsel for Applicant(s) : Vipin Gangwar Counsel for Opposite Party(s) : G.A. Nemchand .....Applicant(s) State of U.P. .....Opposite Party(s) Court is of the view that the applicant has made out a case for bail. Accordingly, the bail application is allowed. 7. Let the applicant- Nemchand, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to verification of sureties, with the condition that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 8. Breach of any of the above condition shall entail cancellation of bail. The observation herein shall not affect the trial on merits. September 9, 2026 Shalini BAIL No. 31825 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad