Umashankar vs State of U.P. — Allahabad HC (2026) — LawSathi Research

Umashankar vs State of U.P. — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Adjournment of the second bail application; matter to be listed as fresh on 13.05.2026, with directions that instructions on completion of the victim's statement be obtained in the meantime and any further cross-examination of Harish Katiyar be filed by supplementary affidavit by the applicant's counsel. No decision on the bail prayer.

Issue for consideration

Whether the applicant Umashankar is entitled to bail on his second bail application, moved pursuant to the liberty granted by this Court's order dated 11.08.2025 in Criminal Misc. Bail Application No. 21467 of 2025 after recording of the statement of the victim/abductee before the trial Court. +1 more

Court's answer

The second bail application is adjourned in the interest of justice and directed to be put up as fresh on 13.05.2026; the bail prayer is not decided on merits in this order.

Ratio / Principle

In the interregnum, the instructions (as prayed for by the Learned A.G.A.) on whether the victim's statement is complete are to be obtained, and any further cross-examination of the witness Harish Katiyar is to be filed by the Learned counsel for the applicant by means of a supplementary affidavit.

Detailed headnote1 paragraphs

Allahabad High Court (Rajiv Lochan Shukla, J.), Criminal Misc. Bail Application No. 1070 of 2026, Umashankar v. State of U.P., order dated May 4, 2026: Second bail application moved pursuant to liberty granted by this Court's order dated 11.8.2025 in Criminal Misc. Bail Application No. 21467 of 2025, which had left it open to the applicant to move a second bail application after recording the statement of the victim/abductee before the trial Court. The victim's statement recorded on 10.04.2026 was filed, showing cross-examination still continuing. The Additional Sessions Judge, Court No. 9, Bareilly reported that 11.05.2026 was fixed for recording the statement of P.W.-1 Harish Katiyar, the alleged abductee, and that non-bailable warrants had been issued against the witness. The Learned A.G.A. sought a week to obtain instructions whether the victim's statement was complete. Held: matter adjourned in the interest of justice, to be put up as fresh on 13.05.2026; in the meantime instructions to be obtained and any further cross-examination of Harish Katiyar to be filed by supplementary affidavit by the applicant's counsel. Bail prayer left undecided on merits.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 1070 of 2026

Umashankar

Versus .....	Applicant(s)
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s) : Brij Raj Singh, Dubey	Raj Kumar
Counsel for Opposite Party(s) : G.A.

Court No. - 72

HON'BLE RAJIV LOCHAN SHUKLA, J.

The first bail application of the applicant was rejected by this Court vide order dated 11.8.2025 passed in Criminal Misc. Bail Application No.21467 of 2025 ( Umashankar Vs. State of U.P. ) leaving it open for the applicant to move the second bail application after recording the statements of the victim/abductee before the trial Court.

A supplementary affidavit has been filed in Court today, is taken on the record. The statement of the victim recorded as on 10.04.2026 has been filed which indicates that the cross examination of the witness is still continuing.

Today, when the case has been called on, the Learned A.G.A. prays that he may be granted a week's time to seek instructions in the matter whether the statement of the victim is complete.

This Court vide its order dated 10.03.2026 had observed as under:-

" 1. Learned counsel for the applicant submits that as per the order of Hon'ble Court dated 11.08.2025 passed in Criminal Misc. Bail Application No.21467 of 2025, the applicant has moved the present second bail application as in the light of

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para 11 of the order dated 11.08.2025, new ground arises. Para 11 of the order dated 11.08.2025 reads as under:

"(11) However, it is open for the applicant to move second

bail application after recording the statement of the victim/abductee before the trial Court."

2. Learned counsel for the applicant further draws the attention of the court towards the status of trial that statement of the victim/abductee, Harish Katiyar has not yet been completed and the cross-examination is deferred whereas the examination-in-chief was recorded on 18.09.2025.

3. Considering all the facts and circumstances, the learned trial court is directed to conclude the examination of the witness Harish Katiyar (PW-1) with utmost priority, by way of adopting all means as per rules and procedures.

4. Furthermore, the learned trial court is also directed to submit the status or trial alongwith the statements of all the prosecution witnesses, who have already been examined before the court concerned till the next date fixed.

5. Put up as fresh after 1st week of April, 2026."

The report submitted by the Learned Additional Sessions Judge/Court No.9, Bareilly, indicates that the next date fixed for recording of statement of P.W.-1 Harish Katiyar, the alleged abductee, is 11.05.2026. Non-bailable warrants have also been issued against the witness.

In the interest of justice, this matter is adjourned.

7. Put up as fresh on 13.05.2026.

In the meantime, the instructions as mentioned above shall be obtained and any further cross examination of the witness Harish Katiyar shall be filed by means of a supplementary

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affidavit by the Learned counsel for the applicant.

May 4, 2026

Sachin

(Rajiv Lochan Shukla,J.)

Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad