Allahabad High Court
SANDEEPversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The bail application is allowed; the accused is released on bail subject to conditions.
Summary
The High Court considered a bail application filed by Sandeep, who was arrested in connection with a case under Sections 302(2) and 317(2) of the Indian Penal Code. The applicant claimed he was falsely implicated, that the FIR did not name him, and that the recovered motorcycle was planted. The charge‑sheet had been filed and the court had taken cognizance, so further custodial interrogation was deemed unnecessary. The State opposed bail but did not dispute the applicant’s factual contentions. After weighing the nature of the offence, the evidence, and the applicant’s lack of flight risk, the court held that bail was warranted and ordered his release on personal bond and sureties with standard conditions.
Issues considered
- The court must decide whether bail should be granted to the accused in a case involving alleged murder and related offences under Sections 302 and 317 of the IPC.
- Whether the applicant’s claim of false implication and lack of evidence of his involvement justifies release on bail.
- Whether there is a risk of the accused fleeing, tampering with evidence, or intimidating witnesses.
Legislation cited
- Indian Penal Code — s. 302, 317
Subjects
- bail
- false implication
- murder
- IPC
- Section 302
- Section 317
- evidence
- flight risk
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 11879 of 2026
Sandeep
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Vipul Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Supplementary affidavit filed today is taken on record.
Heard Shri Vipul Kumar, learned counsel for the applicant and Shri
Arimardan Yadav, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant Sandeep with
a prayer to enlarge him on bail in Case Crime No. 1 of 2026, under
Sections 302 (2), 317 (2) B.N.S. Police Station G.R.P. Shamli, District-
Shamli, during pendency of trial.
Learned counsel for the applicant submits that the accused applicant is
innocent. He has been falsely implicated in the present case and is
languishing in jail since 16.01.2026. Learned counsel for the applicant
submits that first information report was lodged against unknown person
with the allegation that on the date of incident some unknown person
stolen the bike of the first informant from Shamli Station which was
registered in the name of the father of the First Informant namely Saleem
Ahmad. Learned counsel for the applicant submits that the applicant was
not named in the first information Report. The applicant was arrested by
the police on 15.01.2026 from his house and recovery of the alleged
motor cycle has been shown from the possession of the applicant. The
recovery is planted one as there is no independent witness of the said
recovery. After arguing at some length learned counsel for the applicant
submits that in the present case charge sheet has been filed on 21.01.2026
and on 13.03.2026 cognizance has been taken by the court concerned and
BAIL No. 11879 of 2026
2
there is no need of further custodial interrogation of the applicant.
Criminal history of 15 cases has been properly explained in paragraph no.
23 of the supplementary affidavit filed today 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.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant
but could not dispute the aforesaid facts.
Considering the nature of the offence, material/evidence brought on
record, complicity of the accused, severity of punishment, the
submissions made by the learned counsel for the parties, the Court is of
the view that the applicant has made out a case for bail. The bail
application is allowed.
Let the applicant-Sandeep, involved in aforesaid case crime be released
on bail on his furnishing a personal bond and two local sureties each of
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
Deepak/
Digitally signed by :-
DEEPAK KUMAR KUSHWAHA
High Court of Judicature at Allahabad
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