Allahabad High Court
KAMALversusSTATE OF U.P.
- Decided
Holding
The court held that, given the absence of material evidence, the parity with a co‑accused already on bail, and the Supreme Court’s bail policy, the applicant is entitled to bail.
Summary
The High Court considered a bail application filed by Kamal, accused in a murder case (Crime No. 490 of 2025) under Sections 103(1) and 238(A) of the BNS. The applicant claimed he was falsely implicated, pointing out the absence of any weapon, incriminating material, or eyewitness testimony linking him to the victim, and highlighted that a co‑accused had already been released on bail. The State opposed bail but did not dispute the factual background. Relying on the principle of parity with the co‑accused, the lack of substantive evidence, the overcrowding of jails, and Supreme Court precedents (Kapil Wadhawan v CBI and the Policy Strategy for Grant of Bail judgment), the court granted bail without expressing an opinion on guilt. The order imposed standard bail conditions and directed procedural steps for release.
Issues considered
- Whether the applicant is entitled to bail under Sections 103(1) and 238(A) of the BNS during the pendency of the trial.
- Whether the grant of bail to a co‑accused on similar charges creates a parity right for the applicant.
- Whether the lack of incriminating material and the nature of the offence justify the grant of bail.
Legislation cited
- BNS — s. 103(1), 238(A)
Subjects
- bail
- murder
- false implication
- parity
- overcrowded jails
- Supreme Court precedent
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 13025 of 2026
Kamal
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Akhilendra Singh, Jitender Singh, Prabhat
Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Prabhat Kumar Singh, learned counsel for the applicant, Sri
Roshan Kumar Singh, 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. 490 of 2025 under Section 103 (1) and
238 (A) of BNS, P.S. Hasanpur District Amroha, during the pendency of the
trial.
3. Contention of learned counsel for the applicant is that the applicant is an
innocent person and he has been falsely implicated in the present case. He
further submitted that initially a missing report was filed on 03.11.2025 by
the father of the deceased regarding missing of the deceased on 02.11.2025
from his agricultural field. Subsequently, on finding the dead-body of the
deceased on 04.12.2025, the wife of the deceased lodged FIR on 06.12.2025,
wherein doubt was expressed regarding involvement of the applicant and the
co-accused in the murder of the deceased. He further submitted that as per
the post-mortem report, the cause of death of the deceased is strangulation;
subsequently merely on the basis of statement of nephew of the deceased
Amit Kumar, name of the applicant as well as his brother Kamal surfaced
with the allegation that applicant along with his brother Kamal was also
going towards the field on his motorcycle. He further submitted that there is
no incriminating material against the applicant, even there is no recovery of
any weapon or any incriminating article on pointing out of the applicant.
There is no witness of the last seen of the applicant with the deceased. The
applicant has been falsely implicated in the present case only to exert
pressure upon him. It is further submitted that co-accused Pawan, has
already been released on bail by a coordinate Bench of this Court in
Criminal Misc. Bail Application No. 11442 of 2026 vide order dated
06.04.2026. Therefore, the applicant having an identical role, is also entitled
BAIL No. 13025 of 2026
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to be released on bail on the ground of parity. Applicant has no criminal
history. The applicant is in jail since 15.11.2025. In case the applicant is
released on bail, he will not misuse the liberty of bail and would cooperate in
the trial 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 taking into account the fact that similarly
situated co-accused has been enlarged on bail 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 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- Kamal, 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 Aadhar card of the applicant as well as
BAIL No. 13025 of 2026
3
sureties should be verified by the court concerned.
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
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.
(Arun Kumar Singh Deshwal,J.)
April 20, 2026
SA
Digitally signed by :-
SALMAN ALI
High Court of Judicature at Allahabad
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