Allahabad High Court
PAPPU @ SHAHIDversusSTATE 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 Pappu @ Shahid in a case involving multiple accused for the beating of Babu and Javed, which resulted in Babu's death. The applicant argued that the FIR made only general allegations against him, that co‑accused with similar roles had already been granted bail, and that he had no prior criminal record. The State opposed bail but did not dispute the factual background. Relying on the Supreme Court’s guidelines in Kapil Wadhawan v. CBI and Maya Tiwari v. State of U.P., as well as the policy on bail to alleviate jail congestion, the court found no substantive reason to deny bail. Consequently, the court ordered the applicant’s release on bail subject to standard conditions and verification procedures.
Issues considered
- Whether the applicant is entitled to bail despite the seriousness of the offences alleged under the IPC.
- Whether parity with co‑accused already released on bail warrants granting bail to the applicant.
- Whether the nature of the evidence and the alleged involvement preclude the grant of bail.
Legislation cited
- Indian Penal Code — s. 103(1), 109(1), 115(2), 117(2), 118(1), 190, 191(2), 191(3), 351(3), 352
Subjects
- bail
- criminal procedure
- Indian Penal Code
- parity
- overcrowded prisons
- judicial discretion
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14156 of 2026
Pappu @ Shahid
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Girja Shanker Sen, Krishna Dutt Awasthi,
Nitin Sharma
Counsel for Opposite Party(s) : G.A., Kamlesh Kumar Mishra, Rajiv Kumar
Mishra
Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Nitin Sharma, learned counsel for the applicant, Sri Rajiv
Kumar Mishra, learned counsel for the first informant and 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. 531 of 2025, under Sections-
191(2), 191(3), 115(2), 352, 351(3), 117(2), 190, 118(1), 109(1),
103(1) BNS, Police Station- Bhamaura, District-Bareilly, during the
pendency of the trial.
3. Contention of learned counsel for the applicant is that though in the
FIR, general allegation has been made against 14 persons regarding
beating Babu and Javed. Subsequently, Babu succumbed to injuries.
However, the injured Javed in his first statement did not make any
allegation against the applicant. Thereafter, the second statement of
first informant was recorded wherein he had contradicted with the
statement of Javed regarding non-involvement of the applicant and
two other named accused then he could not give satisfactory answer.
Thereafter, the injured Javed in his second statement also made
general allegation against the applicant for his involvement in the
aforesaid incident but specific allegation of causing head injury to
deceased Babu has been assigned to the co-accused Khursheed and
no specific role has been assigned to the applicant. The postmortem
report of the deceased, Babu also shows that head injury was found
to be deadly as other injuries are on non-vital parts. He further
submitted that co-accused Aas Mohammad, Muslim and Junaid,
having similar role to that of the applicant, have been enlarged on bail
BAIL No. 14156 of 2026
2
by this Court in Criminal Misc. Bail Application Nos.14280 of 2026,
12500 of 2026 and 15165 of 2026 vide orders dated 29.04.2026,
29.04.2026 and 05.05.2026. Therefore, the applicant is also entitled
to be released on bail on the ground of parity. It is further submitted
that the applicant has no criminal history. 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 languishing in
jail since 03.12.2025. In case, he is granted bail, he will not misuse
the liberty of bail and would cooperate in the trial proceedings.
4. Per contra, learned counsel for the first informant and learned
A.G.A. have 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- Pappu @ Shahid, 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
BAIL No. 14156 of 2026
3
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.
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 Bareilly 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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