Tushar Vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 4984 of 2026

Tushar

	Versus	.....Applicant(s)
State of U.P.		.....Opposite Party(s)
Counsel for Applicant(s)		: Rajesh Singh
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 learned counsel for the applicant, Sri Vijendra Kumar, learned AGA for the State-Respondent and perused the record.

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This bail application has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 204 of 2025, under Sections 191(2), 191(3), 190, 131, 109(1), 115(2), 351(3) of the B.N.S. and Sections 4/25 of Arms Act, Police Station Purkaji, District Muzaffar Nagar.

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Learned counsel for the applicant argued that the accused-applicant is innocent and he has been falsely implicated in this case crime number. He submits that the applicant is suffering from some acute ailment and his treatment is going on as such he cannot be involved in the aforesaid crime due to deteriorating medical issue. Learned counsel for the applicant further submits that the applicant had gone to the spot to pacify the quarrel going on between the parties but due to ulterior motive he was implicated in the present case. He submits that no incriminating material has been recovered from the possession of the applicant but the police has shown the false recover of one knife from the possession of the applicant. He submits that there is no independent witness of the alleged incident. He submits that the Investigating Officer has not collected any credible evidence against the applicant. He submits that the applicant has been assigned the role of exhortation. He submits that the main role has been assigned to another accused. The applicant is languishing in jail since 08.11.2025. He submits that the applicant has criminal antecedent of one another case to his credit

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BAIL No. 4984 of 2026

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2

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which has been explained in the affidavit filed in support of the bail application. He submits that there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the bail has been prayed for.

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Learned counsel for the AGA has vehemently opposed, but could not dispute the aforesaid fact raised by learned counsel for the applicant.

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Considering all those 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 primafacie case, 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, Tushar, 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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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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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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March 18, 2026

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pks

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(Ashutosh Srivastava,J.)

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

Tushar v. State of U.P.

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Tushar v. State of U.P.

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