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

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

What the court decided

AI extract

Outcome

Release of accused-applicant Kayam Ali on bail on execution of a personal bond and two reliable sureties each in the like amount, to the satisfaction of the court concerned, subject to conditions: (1) not tamper with evidence; (2) not indulge in criminal activity; (3) not pressurize/intimidate prosecution witnesses and cooperate in the trial; (4) appear regularly on every date fixed by the trial court unless personal appearance is exempted through counsel; breach of any condition empowers the court below to cancel bail.

Issue for consideration

Whether accused-applicant Kayam Ali should be enlarged on bail under Section 483 BNSS 2023 in Case Crime No. 0652 of 2025, Police Station Kannauj, District Kannauj, registered under Sections 318(4), 338 and 336(3) of the Bharatiya Nyaya Sanhita, 2023 and Section 66D of the Information Technology (Amendment) Act, 2008, during the pendency of trial.

Court's answer

Considering the nature of accusations, severity of punishment in the case of conviction, nature of supporting evidence, reasonable apprehension of tampering with witnesses and the prima facie case, but without commenting on the merits, a case for bail is made out.

Ratio / Principle

The bail application is allowed and the accused-applicant Kayam Ali is to be released on bail upon executing a personal bond and two reliable sureties each in the like amount, to the satisfaction of the court concerned, subject to stated conditions.

Key takeaways

In the event of breach of any of the imposed bail conditions, the court below is at liberty to proceed to cancel the bail.ratio¶¶22

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Ashutosh Srivastava, J.), by order dated October 14, 2025, allowed a bail application moved under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by Kayam Ali in Case Crime No. 0652 of 2025, Police Station Kannauj, District Kannauj, registered under Sections 318(4), 338 and 336(3) of the Bharatiya Nyaya Sanhita, 2023 and Section 66D of the Information Technology (Amendment) Act, 2008, with the trial pending before the court below. Counsel for the applicant contended that the applicant was innocent, falsely implicated, not named in the FIR, in jail since 30.8.2025, had nine cases of criminal antecedent which were sufficiently explained, and that co-accused Sandeep Gupta (named in the FIR) had already been granted bail by this Court on 9.10.2025 in Crl. Misc. Bail Application No. 34808 of 2025. Learned AGA opposed the prayer. Without commenting on the merits, the Court held that, weighing the nature of accusations, severity of punishment, supporting evidence, apprehension of witness tampering and the prima facie case, a case for bail was made out, and ordered release on a personal bond and two reliable sureties each, subject to conditions (no tampering with evidence, no criminal activity, no pressurizing/intimidating prosecution witnesses, cooperation in trial, regular appearance on dates fixed), breach of any condition permitting the court below to cancel the bail.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 34172 of 2025

Kayam Ali

.....Applicant(s)

Versus
State of U.P. .....Opposite Party(s)
Counsel for Applicant(s) : Abhishek Tripathi
Counsel for Opposite Party(s) : G.A.

Court No. - 68

HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard Shri Rakesh Pande, learned Senior Counsel assisted by Shri Abhishek Tripathi, learned counsel for the applicant, Shri Yagvalk Pandey, learned AGA for the State-respondents and perused the record.

This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Kayam Ali, seeking enlargement on bail in Case Crime No. 0652 of 2025, under Sections 318 (4), 338, 336 (3) of the Bharatiya Nyaya Sanhita, 2023 and Section 66D of Information Technology (Amendment) Act, 2008, Police Station Kannauj, District Kannauj, during the pendency of the trial before the Court below.

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 30.8.2025. Learned counsel for the applicant submits that complicity of the applicant has not been established. The applicant was not named in the FIR. Co-accused Sandeep Gupta, who was named in the FIR, has already been granted bail by this Court on 9.10.2025 in Crl. Misc. Bail Application No. 34808 of 2025. He has 09 cases of criminal antecedent, which have sufficiently been explained 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.

Learned AGA has vehemently opposed the prayer for bail.

Considering all above facts and circumstances, the nature of accusations,

BAIL No. 34172 of 2025

2

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.

Accordingly, the bail application is allowed .

Let the accused-applicant, Kayam Ali , 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:

The applicant will not tamper with the evidence.

The applicant will not indulge in any criminal activity.

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

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.

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

(Ashutosh Srivastava,J.)

October 14, 2025 Ravi Prakash

Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad