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HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 12491 of 2026

Kamlesh Kumar

.....Applicant(s)

Versus

State of U.P.

.....Opposite

Party(s)

Counsel for Applicant(s) : Akhilesh Kumar Pandey, Rajesh

Kumar Pandey

Counsel for Opposite Party(s) : G.A.

Court No. - 68

HON'BLE ASHUTOSH SRIVASTAVA, J.

Shri Ajay Kumar Srivastava, learned counsel has filed vakalatnama on

behalf of first informant, which is taken on record.

Heard Shri Rajesh Kumar Pandey, learned counsel for the applicant, Shri

Arimardan Yadav, learned AGA for the State, Shri Ajay Kumar

Srivastava, learned counsel for the first informant and perused the record.

This bail application under Section 483 of Bharatiya Nagarik Suraksha

Sanhita, 2023 has been moved on behalf of accused-applicant, Kamlesh

Kumar, seeking enlargement on bail in Case Crime No. 252 of 2025,

under Sections 420, 467, 468, 471, 411 IPC, Police Station Amariya,

District Pilibhit, 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 2.2.2026. Learned counsel for the applicant

submits that FIR has been lodged with the delay of 02 years without any

plausible explanation for delay in lodging the FIR. Learned counsel for

the applicant submits that as per prosecution case, allegation against the

applicant along with co-accused persons have duped the first informant

for securing his job in a government department. Applicant is not

beneficiary of the money in any manner. The ground of arrest has not

been communicated to the applicant, which is mandatory requirement of

BAIL No. 12491 of 2026

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law and as such, the arrest becomes void ab initio. Much emphasis has

been drawn by learned counsel for the applicant to the Para 13 of decision

of the Apex Court rendered in case of Deepak Kumar Shrivas and

another versus State of Chattisgarh and others, reported in 2024 INSC

117, which is as under:-

"13. A reading of the entire material on record clearly reflects that it was

totally an unlawful contract between the parties where money was being

paid for securing a job in the government department(s) or private sector.

Apparently, a suit for recovery could not have been filed for the said

purpose and even if it could be filed, it could be difficult to establish the

same where the payment was entirely in cash. Therefore, the respondent

no.6 found out a better medium to recover the said amount by building

pressure on the appellant and his brother by lodging the FIR. Under the

threat of criminal prosecution, may be the appellant would have tried to

sort out and settle the dispute by shelving out some money."

Charge sheet in this case has been filed on 20.4.2026 and cognizance

thereon has already been taken on 30.4.2026. Further custodial

interrogation of the applicant is no more required. Applicant has one case

of criminal antecedent, which has sufficiently been explained 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 as well as learned counsel for the first informant have

vehemently opposed the prayer for bail.

Considering all above facts and circumstances, the nature of accusations,

aforesaid law laid down by Hon'ble Supreme Court, 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, Kamlesh Kumar, 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

BAIL No. 12491 of 2026

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satisfaction of the court concerned, subject to the following conditions:

1. The applicant will not tamper with the evidence