Amresh Kumar vs State of U.P. Thru. Prin. Secy. Lko. — Cheating and Forgery | Allahabad HC (2026)

Amresh Kumar vs State of U.P. Thru. Prin. Secy. Lko. — Cheating and Forgery | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Release of the applicant on bail on furnishing a personal bond and two sureties each in the like amount, subject to the imposed conditions (no tampering with prosecution evidence; no pressurizing/intimidating of witnesses; undertaking regarding adjournments and appearance on each date fixed, default actionable as abuse of liberty of bail) and any other conditions the trial court deems fit.

Issue for consideration

Whether the applicant, Amresh Kumar, in custody since 5.10.2025 in Case Crime No. 98/2025 (sections 338, 336(3), 340(2), 352, 115(2), 318(4) BNS, P.S. Colonel Ganj, district Gonda), should be enlarged on bail.

Court's answer

Considering the facts and circumstances of the case, the applicant's explained criminal history, the arguments advanced by counsel and the period for which the applicant is in jail, and without expressing any opinion on the merits, the Court found the applicant a fit case for enlargement on bail.

Ratio / Principle

The applicant is to be released on bail on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned.

Key takeaways

Bail is subject to imposed conditions: the applicant will not tamper with prosecution evidence during trial, will not pressurize or intimidate prosecution witnesses, and shall file an undertaking not to seek adjournments on dates fixed for evidence when witnesses are present and to appear on each and every date fixed by the trial Court; in case of default, the trial court may treat it as abuse of liberty of bail; the trial court may also impose any other conditions it deems fit.ratio¶20
The observations made in the order are confined to the present bail application and shall have no bearing on the merits of the trial.obiter¶23

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 28 - Criminal Misc. Bail Application No. 11570 of 2025 - Amresh Kumar v. State of U.P. Thru. Prin. Secy. Lko. - Bail application allowed (Rajeev Bharti, J., 13 April 2026). Applicant, in jail since 5.10.2025 in Case Crime No. 98/2025 under sections 338, 336(3), 340(2), 352, 115(2), 318(4) BNS, P.S. Colonel Ganj, district Gonda, held a fit case for enlargement on bail - considering the facts and circumstances, his explained criminal history (two cases disclosed in the rejoinder affidavit), the absence of any recovery from him (facts not disputed by the A.G.A.), and the period in custody - expressly without expressing any opinion on the merits. Release ordered on furnishing a personal bond and two sureties each in the like amount, subject to conditions: no tampering with prosecution evidence; no pressurizing/intimidating of prosecution witnesses; undertaking against seeking adjournments when witnesses are present and appearance on each date fixed, default liable to be treated as abuse of liberty of bail; further conditions left to the trial court's discretion. Observations confined to the bail application, with no bearing on the merits of the trial.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 11570 of 2025

Amresh Kumar

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Lko.

		.....	Opposite Party(s)
Counsel for Applicant(s)	: Anil Kumar Tiwari, Shailen	Tiwari, Amit dra Kumar	Kumar
Counsel for Opposite Party(s)	: G.A.
Court No.- 28

HON'BLE RAJEEV BHARTI, J.

1. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.

2. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He has explained criminal history of two cases in the rejoinder affidavit. There is nor recovery from the applicant. The applicant is in jail since 5.10.2025.

It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

4. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

5. Considering the facts and circumstances of the case, the fact that the applicant has explaiend criminal history, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail.

6. Let the applicant Amresh Kumar, involved in Case Crime No.98/2025 under sections 338, 336(3), 340(2), 352, 115(2), 318(4) BNS, P.S.

BAIL No. 11570 of 2025

2

Colonel Ganj, district Gonda be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

(i) The applicant will not tamper with the prosecution evidence during the trial.

(ii) The applicant will not pressurize/ intimidate the prosecution witness.

(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court and he shall appear on each and every date fixed by the trial Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

Any other condition(s) which the trial court/court concerned may deem fit and proper, in the circumstances of the case, may also be imposed.

7. The application is allowed accordingly.

It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merit of the trial.

(Rajeev Bharti,J.)

April 13, 2026 kkb/

Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench