Kishan vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Kishan vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant Kishan released on bail upon furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned, subject to: (i) appearance on dates fixed by the trial court; (ii) no tampering with prosecution evidence; (iii) no pressurizing prosecution witnesses; breach entitles the prosecution to move for bail cancellation before this Court.

Issue for consideration

Whether the applicant Kishan is entitled to be enlarged on bail in Case Crime No. 318 of 2025 (Sections 309(4), 317(2), 111(2), (3)(5), 317(5) B.N.S.; 35/106 B.N.S.S.), Police Station Hariparvat, District Agra, during the pendency of the trial.

Court's answer

This Court prima facie finds that the applicant was not named in the first information report; the alleged mobile phone was recovered from co-accused Nikhil Maratha @ Jadu; there is no independent witness to the alleged recovery; the applicant has remained confined for almost two months with no hope of early conclusion of trial; and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would tamper with evidence, delay the trial or intimidate witnesses.

Ratio / Principle

Without commenting on the merits of the case, the applicant is entitled to be enlarged on bail.

Key takeaways

The applicant is to be released on bail on furnishing a personal bond and two sureties each in the like amount, subject to conditions that he shall appear on dates fixed by the trial court, shall not tamper with the prosecution evidence, and shall not pressurize the prosecution witnesses; on breach of any condition, the prosecution may move for bail cancellation before this Court.ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Vivek Varma, J.; decided November 10, 2025) allows Criminal Misc. Bail Application No. 39048 of 2025 and enlarges applicant Kishan on bail in Case Crime No. 318 of 2025 under Sections 309(4), 317(2), 111(2), (3)(5), 317(5) B.N.S. and 35/106 B.N.S.S., Police Station Hariparvat, District Agra. Prima facie bases relied on by the Court: the applicant was not named in the FIR; the alleged mobile phone was recovered from co-accused Nikhil Maratha @ Jadu; there was no independent witness to the alleged recovery; the applicant had remained confined for almost two months (in jail since 10.09.2025) with no hope of early trial conclusion; and the State brought forward no reasonable apprehension of evidence-tampering, trial-delay or witness-intimidation. Without commenting on merits, bail granted on a personal bond and two sureties each in the like amount, conditioned on attending dates fixed by the trial court, not tampering with prosecution evidence and not pressurizing prosecution witnesses; on breach, the prosecution may seek bail cancellation before the Court. No precedent is cited or engaged and no impugned lower-court order is identified.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 39048 of 2025

Kishan

.....Applicant(s)

	Versus
State of U.P.		.....Opposite Party(s)
Counsel for Applicant(s)	: Prem Chandra Dwivedi, Dwivedi	Vivek Kumar
Counsel for Opposite Party(s)	: G.A.
Court No.- 64

HON'BLE VIVEK VARMA, J.

Heard learned counsel for the applicant and Sri Anupam Anand, learned Brief Holder for the State-opposite party.

The present bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 318 of 2025, under Sections 309(4), 317(2), 111(2), (3)(5), 317(5) B.N.S. and 35/106 B.N.S.S., Police StationHariparvat, District- Agra during the pendency of the trial.

Learned counsel for the applicant submits that the applicant was not named in the first information report. On the basis of the information furnished by an informer, the applicant was arrested along with four accused and has been falsely implicated in the present case. The alleged mobile phone was recovered from co-accused Nikhil Maratha @ Jadu. The case of the applicant is clearly distinguishable from that of Nikhil Maratha. Recovery of five mobile phones has been shown from the applicant. It is contended that the alleged recovery is false and planted. There is no independent witness to the alleged recovery. It is next contended that the applicant is neither a member of any organized crime syndicate nor he acted on behalf of such syndicate. The applicant has no criminal antecedents. The applicant is in jail since 10.09.2025 and if he is released on bail, he will not misuse the said liberty.

Learned Brief Holder for the State has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

Having heard learned counsel for the parties and after perusal of the

BAIL No. 39048 of 2025

2

record, this Court prima facie finds that the applicant was not named in the first information report. The alleged mobile phone was recovered from coaccused Nikhil Maratha @ Jadu. There is no independent witness to the alleged recovery. Moreover, the applicant has remained confined for almost two months and there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

Let the applicant- Kishan , involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence; and,

(iii) shall not pressurize the prosecution witnesses.

In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

November 10, 2025

Manish Kr

(Vivek Varma,J.)

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