Kuldeep Kumar Vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 26414 of 2025

Kuldeep Kumar

	Versus	.....Applicant(s)
State of U.P.		.....Opposite Party(s)
Counsel for Applicant(s)	:	Ravi Pandey, Suraj Pandey
Counsel for Opposite Party(s)	:	G.A.

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Court No. - 66

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HON'BLE ASHUTOSH SRIVASTAVA, J.

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Heard learned counsel for the applicant, Sri Purushottam Maurya, learned AGA for the State-respondents and perused the record.

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This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Kuldeep Kumar , seeking enlargement on bail in Case Crime No. 151 of 2025, under Sections 318 (4), 319 (2), 338, 336 (3), 340 (2), 317 (2), 61 (2), 111 (i) (ii) BNS, Police Station- Iglas, District- Aligarh.

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Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 27.04.2025. It is submitted that similarly placed co-accused, Sanjeev Kumar and Kamlesh Devi, have already been enlarged on bail of by a Bench of this Court by order dated 08.08.2025 and 01.08.2025 passed in Criminal Misc. Bail Application Nos. 24643 of 2025 and 24741 of 2025, copy of the bail orders produced by learned counsel for the applicant is taken on record. He further submitted that since the role of the applicant is identical to that of co-accused, Sanjeev Kumar and Kamlesh Devi, who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. He has criminal antecedent of 9 other cases, which has been explained in para 21 of the affidavit filed in support of the bail application and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.

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BAIL No. 26414 of 2025

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2

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Learned AGA has vehemently opposed the prayer for bail.

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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 case, but without commenting on merit of case, a case for bail is made out.

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Accordingly, the bail application is allowed.

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Let the accused-applicant, Kuldeep Kumar involved in above mentioned case crime number be released on bail, on his 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:

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i. The applicant will not tamper with the evidence.

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ii. The applicant will not indulge in any criminal activity.

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iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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(Ashutosh Srivastava,J.)

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September 8, 2025 v.k.updh.

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Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad

Kuldeep Kumar v. State of U.P.

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Kuldeep Kumar v. State of U.P.

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