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

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

What the court decided

AI extract

Outcome

Applicant Ratnesh Kumar, involved in Case Crime/FIR No. 0257 of 2025 under Sections 319(2), 318(4), 338, 336(3), 340(2) B.N.S., Police Station Kotwali Nagar, District Raebareli, to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to conditions: (i) not to tamper with prosecution evidence; (ii) not to pressurize prosecution witnesses; (iii) to appear on each and every date fixed by the trial Court; any other conditions may be imposed by the trial court.

Issue for consideration

Whether the accused-applicant Ratnesh Kumar should be enlarged on bail in Case Crime/FIR No. 0257 of 2025 under Sections 319(2), 318(4), 338, 336(3), 340(2) B.N.S., Police Station Kotwali Nagar, District Raebareli.

Court's answer

The bail application is allowed: on consideration of parity with co-accused Nitin Kumar (already granted bail by the Co-ordinate Bench), the offences being triable by a Magistrate, the explanation of the criminal history of six cases, and the period of incarceration, and without entering into the merits of the case, the applicant Ratnesh Kumar is a fit case for enlargement on bail.

Ratio / Principle

The applicant is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to conditions: (i) not to tamper with prosecution evidence; (ii) not to pressurize prosecution witnesses; (iii) to appear on each and every date fixed by the trial Court; the trial court may impose any other conditions it deems fit.

Key takeaways

The observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial.obiter¶24

Detailed headnote1 paragraphs

Bail granted (Allahabad High Court, Lucknow Bench; Rajeev Bharti, J.; May 4, 2026) in CRIMINAL MISC. BAIL APPLICATION No. 9626 of 2025, Ratnesh Kumar v. State of U.P. The applicant, against whom Case Crime/FIR No. 0257 of 2025 under Sections 319(2), 318(4), 338, 336(3), 340(2) B.N.S., Police Station Kotwali Nagar, District Raebareli was pending, was enlarged on bail without entering into the merits, on the grounds that (i) co-accused Nitin Kumar had already been granted bail by the Co-ordinate Bench vide order dated 16.2.2026 (parity not disputed by the State), (ii) the offences are triable by a Magistrate, (iii) the criminal history of six cases stood explained, and (iv) the applicant had been in jail since 16.6.2025 (as submitted; counsel also contended he was merely an employee of Radhey Jan Sewa Kendra and neither seller, purchaser, beneficiary nor marginal witness). Bail on personal bond and two sureties each in the like amount, with conditions against tampering with evidence, pressurizing witnesses, and requiring appearance on every trial date; observations confined to the bail application and of no bearing on the trial merits.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 9626 of 2025

Ratnesh Kumar

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Of U.P. Lko. .....Opposite Party(s)

Counsel for Applicant(s) : Shishir Pradhan Counsel for Opposite Party(s) : G.A.

Court No. - 28

HON'BLE RAJEEV BHARTI, J.

Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.

Learned counsel for the accused-applicant, while pressing the bail application, submits that the applicant is neither seller, nor purchaser nor beneficiary nor the marginal witnesses rather the applicant is only employee of Radhey Jan Sewa Kendra. Dispute pertains to the civil in nature. It is further submitted that the applicant has duly explained his criminal history of six cases in paragraph 12 of the bail application. The offences alleged are triable by a Magistrate. Co accused Nitin Kumar has already been granted bail by the Co-ordinate Bench of this Court vide order dated 16.2.2026.

It has been further submitted that applicant is in jail since 16.6.2025 and, if facility of bail is granted, there is no apprehension that he will flee from the judicial process and he will abide by the orders passed by the Court below and will co-operate in speedy trial of the case.

Learned A.G.A. has opposed the prayer for bail but has not disputed the ground of parity.

On due consideration of aforesaid, including the facts that the co-accused Nitin Kumar has already been granted bail by the Co-ordinate Bench of this Court; the applicant has been languishing in jail since 16.2.2026, the

BAIL No. 9626 of 2025

2

offences are triable by a Magistrate, explanation of criminal history of six cases, without entering into the merits of the case, I find it to be a fit case for enlarging the applicant on bail.

Accordingly, the bail application is allowed.

Let the applicant- Ratnesh Kumar involved in Case Crime/FIR No.0257 of 2025, under Sections 319(2), 318(4), 338, 336(3), 340(2) B.N.S., Police Station Kotwali Nagar, District Raebareli be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial Court.

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

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

(Rajeev Bharti,J.)

May 4, 2026

Shukla

Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench