Allahabad High Court
GIRISHversusSTATE OF U.P.
- Decided
Holding
The court held that the applicant is entitled to be released on bail.
Summary
The Allahabad High Court considered a bail application filed by Girish, who was named in an FIR for the murder of a deceased person, alleged to have been caused by strangulation after a scuffle. The applicant argued that no specific incriminating material linked him to the crime, that video footage did not show his involvement, and that he had no prior criminal record, having been in custody since 1 November 2025. The State opposed bail but did not dispute the factual background. The Court, taking into account the seriousness of the offences, the lack of direct evidence against the applicant, the problem of overcrowded jails, and recent Supreme Court precedents on bail policy, granted bail with a personal bond, two sureties and several conditions. The order also directed procedural steps for verification of identity and electronic transmission of the release order.
Issues considered
- Whether bail should be granted to an accused in a murder case under sections 191(2), 191(3), 103(1) of the B.N.S and section 4/25 of the Arms Act despite the seriousness of the offence.
- Whether the absence of direct incriminating material and the applicant's clean record justify bail.
- How the Supreme Court’s decisions in Kapil Wadhawan v. CBI and the Policy Strategy for Grant of Bail case influence bail decisions in such matters.
Legislation cited
Subjects
- bail
- murder
- section 191
- section 103
- Arms Act
- overcrowded jails
- Supreme Court precedent
- pre‑trial detention
- evidence insufficiency
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 13012 of 2026
Girish
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Pradeep Kumar Shukla
Counsel for Opposite Party(s) : G.A., Vipin Gangwar
Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Pradeep Kumar Shukla, learned counsel for the applicant, Sri Vipin
Gangwar, learned counsel for the first informant, Sri D.P.S. Chauhan, learned A.G.A.
for the State.
2. Instant bail application has been filed with a prayer to release the applicant on bail
during the trial in Case Crime No 851/2025 Under Section 191(2), 191(3), 103 (1) of
B.N.S and 4/25 of Arms Act, Police Station Faridpur, District- Bareilly.
3. Contention of learned counsel for the applicant is that though the applicant was
named in the FIR but no specific allegation has been made against the applicant or
other accused persons. He further submitted that as per prosecution story although co-
accused persons including the applicant persuaded the deceased to come to their
village from Haryana from where deceased was working on 25.10.2025. Thereafter
scuffling took place between the deceased and accused persons including the present
applicant and accused persons mercilessly beaten the deceased with lathi and danda
which resulted in his death. Thereafter in the post mortem report of the deceased, it
was found that the cause of death of deceased is strangulation though deceased also
had five contusions on non-vital part. Learned counsel for the application further
submitted that there is no incriminating material against the applicant and even video
footage which was recovered, the applicant was not found therein and there is no
recovery of any hard and blunt object on the pointing out the applicant and simply a
knife was alleged to be recovered from the applicant but there is no injury of knife on
the person of the deceased. He further submitted that even one alleged eye witness did
not make any allegation against the applicant for forceful hanging and only allegation
against the applicant is that he hit the deceased with danda. It is lastly submitted that
charge sheet has been filed by the police, therefore, there is no requirement for
custodial interrogation. The applicant has no criminal history and he is languishing in
jail since 01.11.2025. 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
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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- Girish 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 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
BAIL No. 13012 of 2026
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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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