Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31329 of 2026 Court No. - 70 HON'BLE JAI PRAKASH TIWARI, J.
1. Learned counsel for the applicant has filed supplementary affidavit in Court today, which is taken on record.
2. Heard learned counsel for the applicant and learned AGA for the State-respondent, learned counsel for opposite party no. 2 and perused the record of the case.
3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 328 of 2026, under Sections 318(4), 338, 336(3), 340(2) BNS, Police Station- Kotwali Shahar, District- Bijnor, during pendency of the trial in the court below.
4. Learned counsel for the applicant submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. It is next submitted that applicant is having no concern with the allegations levelled against him and he has not committed any offence as alleged by prosecution. It is next submitted that there is matrimonial dispute between daughter of informant and the present applicant. The applicant is husband of the daughter of the first informant. The applicant is employh of Defence Research and Development Organization, Ministry of Defence, Government of India. No offence is made out against the applicant under the aforesaid sections. He next submitted that the applicant is languishing in jail since 04.05.2026. It is also submitted that the applicant Versus Counsel for Applicant(s) : M.J. Akhtar, Shahzad Alam, Sr. Advocate Counsel for Opposite Party(s) : G.A., Saif Ali Khan, Shivam Kumar Dubey Kulwant Singh .....Applicant(s) State of U.P. .....Opposite Party(s)
undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
5. The prayer for bail has been vehemently opposed by learned A.G.A.
6. Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, and
submissions of learned counsel for the parties, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
7. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
8. Let applicant, Kulwant Singh be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:- (i). The applicant will not tamper with the evidence during the trial. (ii). The applicant will not pressurize/ intimidate the prosecution witness. (iii). The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv). The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
9. It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
10. In case of breach of any of the above conditions, the trial BAIL No. 31329 of 2026 2
court will be at liberty to cancel the bail.
11. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.
12. However, the trial court concerned is directed to expedite the matter and decide the same in accordance with law without granting unnecessary adjournment to either of the parties. September 21, 2026 v.k. updh.
BAIL No. 31329 of 2026 3 (Jai Prakash Tiwari,J.) Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad