Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 19197 of 2026 Court No. - 75 HON'BLE DR. GAUTAM CHOWDHARY, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire material available on record. 2. This is the second bail application filed by the applicant. First bail application was rejected by this Court vide order dated 19.01.2026 passed in Criminal Misc. Bail Application No.1441 of 2026. 3. The applicant-Ajay Kumar @ Anshu has filed this second bail application with a prayer to enlarge him on bail in Crime No.417 of 2025, under Section 69 of B.N.S., Police Station Rath, District Hamirpur, during the pendency of the trial. 4. Learned counsel for the applicant contends that by the efflux of time, the trial Court has commenced, wherein the statement of the P.W.1 was recorded before the trial Court, who has categorically stated that after one year of her marriage, she had gone with the applicant out of her free will and consent and returned after a month, certified copy of the statement of the victim dated 21.07.2026 has been produced before this Court which is kept on record and is marked as "X". It is thus contended that the applicant is innocent and has been falsely implicated in the present case therefore, the applicant may be enlarged on bail. Several other submissions in order to Versus Counsel for Applicant(s) : Brijendra Kumar Raj, Kamta Prasad Counsel for Opposite Party(s) : G.A. Ajay Kumar @ Anshu .....Applicant(s) State of U.P. .....Opposite Party(s)
demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He lastly submits that the applicant is languishing in jail since 09.09.2025. 5. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence.
In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. 6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed. 7. Let applicant Ajay Kumar @ Anshu involved in aforesaid case crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the BAIL No. 19197 of 2026 2
offence of which the applicant is accused, or suspected of the commission. v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 8. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. (Dr. Gautam Chowdhary,J.) September 14, 2026 S.Ali BAIL No. 19197 of 2026 3
Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad