Kanhaiya Singh vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 36681 of 2025

Kanhaiya Singh

	Versus	.....Applicant(s)
State of U.P.		.....Opposite Party(s)
Counsel for Applicant(s)		: Ajeet Kumar Singh
Counsel for Opposite Party(s)		: G.A.

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Court No. - 68

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HON'BLE ASHUTOSH SRIVASTAVA, J.

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Heard Shri Ajeet Kumar Singh, learned counsel for the applicant, Shri Punit Kumar Singh, 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, Kanhaiya Singh, seeking enlargement on bail in Case Crime No. 37 of 2025, under Sections 109 (1) of the Bharatiya Nyaya Sanhita, 2023, and Section 4/25 of Arms Act, Police Station Bairia , District Ballia during the pendency of the trial before the Court below.

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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 28.1.2025. Learned counsel for the applicant submits that allegation against the applicant is that he has given knife blow on neck and chest of the victim. Learned counsel for the applicant submits that applicant was initially admitted in the District Hospital, Ballia and no injuries was mentioned in the OPD slip of District Hospital, Ballia. The doctor has simply referred the injured. Learned counsel for the applicant submits that thereafter, applicant was admitted in the BHU and certain injuries were noted down there, which are simple in nature. Learned counsel for the applicant submits that charge sheet in this case has already been filed on 19.4.2025 and further custodial interrogation of the applicant is not required. He has no criminal antecedent and there is no likelihood of his

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BAIL No. 36681 of 2025

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2

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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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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, Kanhaiya Singh, 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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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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

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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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November 3, 2025

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Ravi Prakash

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

Kanhaiya Singh v. State of U.P.

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Kanhaiya Singh v. State of U.P.

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