Kamal Kumar Vs State of U.P. — Cheating and Forgery | Allahabad HC (2025)

Kamal Kumar Vs State of U.P. — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Release of applicant Kamal Kumar on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, sureties to be verified before the release order, subject to the three stated conditions.

Issue for consideration

Whether applicant Kamal Kumar, arraigned in Case Crime No.140 of 2025 (Police Station Wave City, District Ghaziabad) under Sections 61(2) and 318(4) B.N.S. 2023, Sections 3/4/5 Medical Termination of Pregnancy Act 1971, Section 34 National Medical Commission Act and Sections 3(1)/4/5(1)(a)/6(a)/23/25/29 of the cited sex-selection prohibition legislation, is entitled to release on bail during the pendency of trial.

Ratio / Principle

Considering the facts and circumstances of the case, the submissions of learned counsel for the parties and the evidence on record, and without expressing any opinion on the merits, the Court was prima facie of the view that the applicant had made out a case for bail.

Key takeaways

The bail application was allowed: the applicant Kamal Kumar is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the sureties to be verified before issuance of the release order, subject to the conditions that he shall not tamper with evidence, shall not pressurise or intimidate prosecution witnesses, and shall appear before the trial court on the dates fixed; breach of any such condition to be a ground for cancellation of bail.ratio¶¶19
It was made clear that the observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.obiter¶¶24

Detailed headnote1 paragraphs

Allahabad High Court (Krishan Pahal, J.), on 12.09.2025, allowed the bail application of Kamal Kumar in Case Crime No.140 of 2025, Police Station Wave City, District Ghaziabad, booked under Sections 61(2) and 318(4) B.N.S. 2023, Sections 3/4/5 Medical Termination of Pregnancy Act 1971, Section 34 National Medical Commission Act and Sections 3(1)/4/5(1)(a)/6(a)/23/25/29 Pre-conception and Prenatal Diagnostic Techniques (Prohibition of Sex Selection Act, 1994). Forming a prima facie view without expressing any opinion on merits, the Court directed release on a personal bond and two sureties each in the like amount, sureties to be verified before release, conditioned on non-tampering with evidence, non-intimidation of prosecution witnesses and appearance before the trial court, breach of any condition being a ground for cancellation; the observations were expressly stated not to affect the trial Judge's independent assessment.