Kunal Vs State of U.P. — Bail and Remand | Allahabad HC (2026)

Kunal Vs State of U.P. — Bail and Remand | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Accused-applicant Kunal to be released on bail in Case Crime No. 58 of 2026 on executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to conditions: (1) not tamper with evidence; (2) not indulge in criminal activity; (3) not pressurize/intimidate prosecution witnesses and cooperate in trial; (4) appear regularly on each date fixed by the trial court unless exempted through counsel; breach entitles the court below to cancel bail.

Issue for consideration

Whether the accused-applicant Kunal, in custody since 28.02.2026 in Case Crime No. 58 of 2026 under Sections 123, 61(2), 305(A) and 317 of the Bharatiya Nyaya Sanhita, 2023, Police Station Nehtaur, District Bijnor, should be enlarged on bail during the pendency of trial.

Court's answer

Considering the facts and circumstances, nature of accusations, severity of punishment in case of conviction, nature of supporting evidence, reasonable apprehension of tampering with witnesses, and prima facie view, but without commenting on the merits of the case, a case for bail is made out.

Ratio / Principle

The bail application is allowed; the accused-applicant Kunal is to be released on bail on executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to conditions (no tampering with evidence, no criminal activity, no pressurizing/intimidating prosecution witnesses, regular appearance before the trial court).

Key takeaways

In the event of breach of any of the bail conditions, the court below will be at liberty to proceed to cancel the bail.ratio¶22

Detailed headnote1 paragraphs

Bail granted — Section 483 BNSS, 2023 application by Kunal, accused in Case Crime No. 58 of 2026, Police Station Nehtaur, District Bijnor, under Sections 123, 61(2), 305(A) and 317 of the Bharatiya Nyaya Sanhita, 2023. Applicant in jail since 28.02.2026; per counsel, not named in the F.I.R. dated 26.02.2026 and implicated only as real brother of main accused Naveen Kumar; alleged recovery of Rs. 80,000/- contended to be false and planted; no criminal antecedents and no likelihood of fleeing or tampering urged. Learned AGA opposed. Without commenting on merits, and considering the nature of accusations, severity of punishment, supporting evidence and apprehension of witness tampering, the Court (Ashutosh Srivastava, J.) held a case for bail was made out and allowed the application, directing release on a personal bond with two reliable sureties each, subject to conditions against tampering with evidence, criminal activity and intimidation of witnesses, and requiring regular trial attendance; breach empowers the court below to cancel bail. Decided May 5, 2026.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 13982 of 2026

Kunal

.....Applicant(s)

	Versus
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s)	: Dilip Kumar, Pavan Kumar
Counsel for Opposite Party(s)	: G.A.

Court No. - 68

HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard Shri Pavan Kumar, learned counsel for the applicant, Shri Vijendra Kumar, learned AGA for the State-respondents and perused the record.

This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Kunal, seeking enlargement on bail in Case Crime No. 58 of 2026, under Sections 123, 61(2), 305(A), 317 of the Bharatiya Nyaya Sanhita, 2023, Police Station Nehtaur, District Bijnor, during the pendency of the trial before the Court below.

Learned counsel for the applicant submits that the accused-applicant is innocent and has been falsely implicated in the present case crime number. It is further submitted that the applicant has been in jail since 28.02.2026. In the F.I.R. dated 26.02.2026, the applicant is not named and has been implicated only on account of being the real brother of the main accused, namely Naveen Kumar. Learned counsel further contends that the alleged recovery of Rs. 80,000/- is false and has been planted by the police, and in fact nothing was recovered from the possession of the applicant. It is submitted that there is no direct or indirect evidence against the applicant.

It is also submitted that the applicant has no criminal antecedents and there is no likelihood of his fleeing from the course of justice or tampering with the evidence in case he is released on bail. Accordingly, it is prayed that the applicant be enlarged on bail.

BAIL No. 13982 of 2026

2

Learned AGA has vehemently opposed the prayer for bail.

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.

Accordingly, the bail application is allowed .

Let the accused-applicant, Kunal , 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:

1. The applicant will not tamper with the evidence.

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

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

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.

In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

(Ashutosh Srivastava,J.)

May 5, 2026 Vibha Singh

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