Kishor vs State Of U.P.

Heard Shri Rohit Nandan Pandey, learned counsel for the applicant, Shri Yagyavalk Pandey, 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, Kishor, seeking enlargement on bail in Case Crime No. 96 of 2025, under Sections 420, 406, 467, 468, 471, 120-B IPC, Police Station Phase-2, District Gautam Budh Nagar, during the pendency of the trial before the Court below.

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 28.2.2025. Learned counsel for the applicant submits that for the occurrence happened in the year 2021, FIR in question has been lodged in the year 2025, without any plausible explanation for delay in lodging the FIR. Main beneficiary of the transaction is co-accused Rakesh Jaiswal, whose bank account money has been credited. The applicant has been made a scapegoat in the present crime by the co-accused person. Learned counsel for the applicant submits that co-accused Rakesh Jaiswal, has already been granted bail by co-ordinate Bench of this Court in Crl. Misc. Bail Application No. 9360 of 2025 on 20.3.2025. Charge sheet in this case has been filed on 16.5.2025 and cognizance has been taken on 22.5.2025. Total 08 witnesses have been arrayed as prosecution witnesses and till date, none has been examined by the prosecution. Conclusion of trial may take considerable time. 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.

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, Kishor, 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 co-operate 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 7, 2026

Ravi Prakash