Allahabad High Court
KAVI CHANDRAversusSTATE OF U.P.
- Decided
Holding
The court held that the applicant is entitled to bail.
Summary
The Allahabad High Court considered a bail application filed by Kavi Chandra, who was charged under IPC sections 103(1), 190, 191(2) and 191(3) for a murder alleged to have occurred on 16 August 2025. The applicant argued that he was not named in the FIR, was absent from CCTV footage, and that co‑accused had already been released on bail, invoking parity. The State opposed bail but did not dispute these factual contentions. Relying on the Supreme Court’s guidance in Kapil Wadhawan v. CBI and the policy on bail for overcrowded jails, the court, without expressing a view on the merits, granted bail subject to standard conditions and sureties. The order also directed procedural steps for verification and release through the Bail Order Management System.
Issues considered
- Whether bail should be granted to the accused under IPC sections 103(1), 190, 191(2) and 191(3) in view of the facts of the case.
- Whether the applicant’s non‑inclusion in the FIR, lack of CCTV evidence, and parity with co‑accused already on bail justify granting bail.
- Whether the Supreme Court precedents on bail and the situation of overcrowded prisons warrant the release of the applicant.
Legislation cited
- Indian Penal Code — s. 103(1), 190, 191(2), 191(3)
Subjects
- bail
- IPC sections 103, 190, 191
- parity
- overcrowded prisons
- Supreme Court precedent
- false implication
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 10187 of 2026
Kavi Chandra
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Pavan Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Pavan Kumar Singh, learned counsel for the applicant, Sri
Anand Pratap Singh, learned A.G.A. for the State and perused the record.
2. Instant bail application has been filed with a prayer to release the
applicant on bail during the trial in Case Crime No.463 of 2025, under
Sections 103(1), 190, 191(2), 191(3) BNS, Police Station- Gagaha, District
Gorakhpur.
3. Contention of learned counsel for the applicant is that the applicant was
not named in the FIR, wherein allegation has been made that father of the
first informant, who went out on 15.08.2025 but did not return till 7.00 a.m.
on 16.08.2025. Subsequently, informant received information that deceased
the had been murdered by some unknown persons of village Thathauli. He
further submitted that the name of the applicant surfaced in the statement of
Charanjeet Yadav, wherein, he made allegation that several villagers
including the present applicant were beating the deceased in the night of
16.08.2025 which resulted in death of the deceased. He further submitted
that police also obtained a CCTV footage wherein the applicant was not
found, therefore, the applicant was falsely implicated. It is further contended
that co-accused Ashutosh Kumar, Shivchand and Pradeep Kumar, having
similar role to the applicant, have been granted bail by a co-ordinate Bench
of this Court in Criminal Misc. Bail Application Nos. 2115 of 2026, 3297 of
2026, 1247 of 2026 vide order dated 21.01.2026, 06.02.2026 and 27.01.2026
respectively. Therefore, the applicant is entitled to be released on bail on the
ground of parity. It is lastly submitted that charge sheet has been filed by the
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2
police, therefore, there is no requirement for custodial interrogation. The
applicant has no criminal history and he is languishing in jail since
18.08.2025. In case, he is granted bail, he will not misuse the liberty of bail
and would cooperate in the trial proceedings.
4. On the other hand, learned A.G.A. for the State opposed the prayer for
bail but could not dispute the aforesaid fact.
5. Considering the entire facts and circumstances of the case, submissions of
learned counsel for the parties and keeping in view the nature of offence,
evidence, complicity of accused and taking into account overcrowded jails
and heavy pendency of criminal cases before the trial courts as well as
considering the mandate of the judgement of the Apex Court in the case of
Kapil Wadhawan vs Central Bureau of Investigation reported in 2025
SCC Online SC 3038 and without expressing any opinion on the merits of
the case, I am of the opinion that the applicant is entitled to be enlarged on
bail. Accordingly, the present application is allowed.
6. Let the applicant- Kavi Chandra involved in the aforementioned crime
be released on bail, on his furnishing a personal bond and two sureties each
in the like amount, to the satisfaction of the court concerned, with the
following conditions:-
i. The applicant shall not directly or indirectly make any inducement, threat
or promise to any person acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the Court or to any police officer
or tamper with the evidence.
ii. The applicant shall cooperate in the trial/investigation sincerely without
seeking any adjournment.
iii. The applicant shall not indulge in any criminal activity or commission of
any crime after being released on bail.
iv. The applicant shall attend in accordance with the conditions of the bond
executed by him.
7. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
8. Identity, status and residence proof of the applicant and sureties be
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verified by the court concerned before the bonds are accepted.
9. Verification of mobile number as well as Aadhaar Card of the applicant
and sureties should also be conducted by the court concerned.
10. It is made clear that the applicant shall be released on the basis of
downloaded copy of this order from the official website of High Court
Allahabad and verified by the concerned counsel with the undertaking that
the certified copy will be filed within 15 days.
11. It is directed that the trial court shall send the release order to the
concerned jail through Bail Order Management System (BOMS) to ensure
early release of the applicant.
12. Office is directed to send a copy of this order to the applicant through
concerned Jail Superintendent via e-mail or e-prison portal in compliance of
the order of the Apex Court in the case of Policy Strategy for Grant of
Bail, In Re: Suo Motu Writ Petition (Crl.) No. 4 of 2021 decided on
31.01.2023 reported in (2024) 10 SCC 685.
April 20, 2026
A.Kr.
(Arun Kumar Singh Deshwal,J.)
Digitally signed by :-
AJAY KUMAR
High Court of Judicature at Allahabad
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