Allahabad High Court

KAMAL SINGHversusSTATE OF U.P.

Decided: 5 May 2026
Bench: ARUN KUMAR SINGH DESHWAL

Holding

The applicant, Kamal Singh, is entitled to be released on bail.

Summary

Kamal Singh was arrested in a murder case (Criminal No. 0206 of 2022) charged under Sections 302, 201, 120‑B, 420 and 34 of the IPC. The applicant argued that he was not named in the FIR and that his name only appeared in the statement of another accused, with no incriminating material linking him to the alleged crime. He also highlighted that a co‑accused had already been released on bail, invoking parity, and pointed to his clean record and the fact that a charge‑sheet had been filed, negating the need for custodial interrogation. The State opposed bail but did not dispute these facts. Relying on Supreme Court precedents (Kapil Wadhawan vs CBI, Maya Tiwari vs State of U.P.) and the policy on bail to address jail overcrowding, the Court granted bail with standard conditions and procedural safeguards.

Issues considered

Whether bail should be granted to an accused charged with murder and related offences when the FIR does not name him and there is no incriminating material.
Whether parity with a co‑accused already released on bail warrants granting bail to the applicant.
Whether the considerations of jail overcrowding and Supreme Court bail guidelines justify bail in this case.

Legislation cited

Indian Penal Code — s. 120-B, 201, 302, 34, 420

Subjects

bail
IPC
murder
Section 302
Section 201
Section 120-B
Section 420
Section 34
jail overcrowding
parity
Supreme Court guidelines
criminal procedure

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 10510 of 2026

Kamal Singh
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)

Counsel for Applicant(s) : Mahenam Haroon, Rajesh Kumar Yadav
Counsel for Opposite Party(s) : G.A.

Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.

1. Heard Sri Rajesh Kumar Yadav, learned counsel for the applicant,
Sri D.P.S. Chauhan, learned A.G.A. for the State and perused the
record.

2. The instant bail application has been filed with a prayer to release
the applicant on bail in Case Crime No.0206 of 2022, under Sections-
302, 201, 120-B, 420, 34 IPC, Police Station-Rehra, District-Amroha,
during the pendency of the trial.

3. Contention of learned counsel for the applicant is that the applicant
was not named in the FIR, wherein the allegation was made by the
first informant that his son received injuries in an accident and
subsequently succumbed to the injuries. The name of the applicant
has surfaced in the statement of one Ved Prakash, who was arrested
in Case Crime No. 345 of 2023, Police Station Rehra, District
Amroha. However, there is no incriminating material to show that the
applicant was in any manner involved in committing the murder to
obtain the benefit of the life insurance of the deceased. It is further
submitted that co-accused Om Prakash, has already been released
on bail by a coordinate Bench of this Court in Criminal Misc. Bail
Application No.14658 of 2026 vide order dated 01.05.2026.
Therefore, the applicant is also entitled to be released on bail on the
ground of parity. It is further submitted that the applicant has
explained the criminal history of two cases in the accompanying
affidavit. It is further submitted that charge sheet has been filed in the
present case, therefore, there is no requirement of custodial
interrogation. The applicant is a law abiding citizen and he is
languishing in jail since 12.01.2026. In case, he is granted bail, he will
not misuse the liberty of bail and would cooperate in the trial
BAIL No. 10510 of 2026
2

proceedings.

4. Per contra, learned A.G.A. has vehemently opposed the prayer for
bail but could not dispute the aforesaid facts.

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 the 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 as well as guideline of this Court in the case of Maya Tiwari Vs.
State of U.P. reported in 2024 SCC Online All 6765 regarding grant
of bail 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.

6. Let the applicant- Kamal Singh, 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
verified by the court concerned before the bonds are accepted.

9. Verification of mobile number and Aadhaar card of the applicant as
well as sureties should be verified by the court concerned.
BAIL No. 10510 of 2026
3

10. It is made clear that the applicant shall be released on the basis
of computer generated copy of this order, downloaded 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 further 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 Bijnor Jail Superintendent via e-mail or e-prison portal
within 24 hours 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.

May 6, 2026
S.C.
(Arun Kumar Singh Deshwal,J.)

Digitally signed by :-
SHUBHAM CHAURASIA
High Court of Judicature at Allahabad

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