Kaka Vs State of U.P.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. BAIL APPLICATION No. - 13948 of 2026

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Kaka

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.....Applicant(s)

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Versus
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s) :	Rajeev Kumar Sharma
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 Rajeev Kumar Sharma, learned counsel for the applicant, Shri Ramendra Pal 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, Kaka, seeking enlargement on bail in Complaint Case No.1439 of 2024, under Sections 309(6), 352, 351, 74, 333 of the Bharatiya Nyaya Sanhita, 2023, Police Station Sumerpur, District Hamirpur 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 07.04.2026. He further submits that no specific role assigned to the applicant in the alleged incident. Learned counsel for the applicant submits that similarly circumstanced co-accused namely Kailash @ Kailash Babu has already been granted bail by co-ordinate Bench of this Court vide order dated 29.04.2026 passed in Crl. Misc. Bail Application No. 14176 of 2026. Applicant is seeking parity with co-accused-Kailash @ Kailash Babu. Applicant has no criminal antecedent 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.

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Learned AGA has vehemently opposed the prayer for bail.

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BAIL No. 13948 of 2026

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2

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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 , 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, Kaka, 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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1. The applicant will not tamper with the evidence.

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2. The applicant will not indulge in any criminal activity.

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3. The applicant will not pressurize/intimidate the prosecution witnesses and cooperate in the trial.

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4. 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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May 5, 2026

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Vibha Singh

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Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad

Kaka v. State of U.P.

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Kaka v. State of U.P.

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