Vijay Kharwar Kamkar vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 6932 of 2026

Vijay Kharwar Kamkar

	Versus	.....Applicant(s)
State of U.P.		.....Opposite Party(s)
Counsel for Applicant(s)		: Anil Kumar Mishra
Counsel for Opposite Party(s)		: G.A.

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Court No. - 84

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HON'BLE PRASHANT MISHRA-I, J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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This bail application under Section 483 BNS has been moved on behalf of accused-applicant, Vijay Kharwar Kamkar seeking enlargement on bail in Case Crime No. 256 of 2025, under Sections 115(2), 124(1), 85 BNS, Police Station- Sahibabad, District- Ghaziabad.

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Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated and is languishing in jail since 28.09.2025 and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of his release on bail. The applicant has no motive to commit the present crime and no case is made out against the applicant under the aforesaid sections. Hence, prayed to enlarge on bail.

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Learned counsel for the applicant also submitted that the applicant is the husband of the victim, the occurrence took place on 22.11.2024, the FIR was lodged on 19.04.2025 after an undue delay of approximately four months. It was also submitted that no injury was caused to the victim except some bleeding from the mouth. The applicant himself admitted his wife in the hospital and borne all the cost of treatment. The applicant is a labour and is engaged in private company in Ghaziabad, his financial condition was not good and the expectation of his wife was too high which he could not fulfill, thereby an altercation took place between the

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BAIL No. 6932 of 2026

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two and she out of depression consumed the toilet cleaner. It was also submitted that on the behest of matrimonial family of the wife, the FIR was lodged due to malafide intention and the applicant was roped in the given case.

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Learned A.G.A. vehemently opposed the prayer for bail application and submitted that the applicant i.e. the husband tied the victim on the bed and sat on her chest and forcefully made her drink toilet cleaner (Tejab). He also gave her a beating by wooden stick. She was under treatment and was admitted in ICU for a period of about one and half months.

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I have heard the above submissions and perused the record. In the injury report of the victim, the doctor has stated that there is a bleeding from mouth present, however, no other external or internal injury has been recorded by the doctor in the report. The other tests reveal some corrosive injury of the esophagus and the stomach. It also appears that the applicant had taken the victim to the hospital and got her admitted for treatment.

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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 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, Vijay Kharwar Kamkar , 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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i. The applicant will not tamper with the evidence.

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

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

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BAIL No. 6932 of 2026

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iv. 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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(Prashant Mishra-I,J.)

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May 12, 2026

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Saurabh

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Digitally signed by :- SAURABH High Court of Judicature at Allahabad

Vijay Kharwar Kamkar v. State of U.P.

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Vijay Kharwar Kamkar v. State of U.P.

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