Allahabad High Court
VIJAYversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to bail.
Summary
The High Court considered a bail application filed by Vijay, who is charged with murder (strangulation) under Sections 140(1), 61(2), 103(1), 238 and 3(5) of the BNS. The FIR alleges that Vijay took the deceased in his motorcycle on 17 August 2025 and the body was discovered five days later, but no witness placed him with the victim at the time of death and no material was recovered on his pointing out. The three co‑accused have already been released on bail, and Vijay has no prior criminal record; the charge sheet has been filed, removing the need for custodial interrogation. The State opposed bail but could not rebut the lack of direct evidence linking Vijay to the killing. Relying on Supreme Court precedents (Kapil Wadhawan vs CBI, Maya Tiwari vs State UP) and the policy on bail in overcrowded prisons, the Court held that Vijay is entitled to bail, subject to standard conditions. Accordingly, the Court ordered his release on personal bond and two sureties, with conditions to prevent tampering with evidence and further offences.
Issues considered
- Whether bail should be granted to an accused in a murder case where direct evidence is lacking.
- Whether parity with co‑accused already released on bail warrants granting bail to the applicant.
- Whether the presence of a charge sheet eliminates the necessity for custodial interrogation for bail purposes.
Legislation cited
- BNS — s. 103(1), 140(1), 238, 3(5), 61(2)
Subjects
- bail
- murder
- parity
- overcrowded prisons
- criminal procedure
- evidence
- charge sheet
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14187 of 2026
Vijay
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Kunwar Abhishek, Mool Chandra Maurya
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Kunwar Abhishek, 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.141 of 2025, under Sections-
140(1), 61(2), 103(1), 238, 3(5) of BNS, Police Station-Fariha,
District- Firozabad, during the pendency of the trial.
3. Contention of learned counsel for the applicant is that in the FIR,
allegation has been made that applicant came to the house of the
deceased and took him in his motor cycle at 7:30 am on 17.08.2025.
Thereafter, the body of the deceased was found on 22.08.2025. As
per the postmortem report, the cause of death is strangulation and
the applicant has been arrested by the police during investigation on
the ground that the deceased was lastly seen in the company of the
applicant in evening on 8:03 pm on 17.08.2025. Thereafter, on the
confession of the applicant, three other co-accused, Ankit Pradhan
Alias Ashutosh, Chintu and Gaurav were arrested and on pointing out
of those co-accused, lower, purse, pocket diary and aadhaar card of
the deceased was recovered. It is further submitted that the dead
body of the deceased was found 40 kms away from the place where
the applicant was seen in CCTV footage at 8:00 pm on 17.08.2025
and though there is no witness who claims to have seen the applicant
in the company of the deceased just before his death. It is further
submitted that co-accused Gaurav, Ankit Pradhan Alias Ashutosh
and Chintu, have already been released on bail by a coordinate
Bench of this Court in Criminal Misc. Bail Application Nos.39069 of
2025, 41048 of 2025 and 42694 of 2025 vide orders dated
BAIL No. 14187 of 2026
2
15.11.2025, 21.12.2025 and 27.01.2026. Therefore, the applicant is
also entitled to be released on bail on the ground of parity. It is further
submitted that 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 a law
abiding citizen and he is languishing in jail since 22.08.2025. In case,
he is granted bail, he will not misuse the liberty of bail and would
cooperate in the trial proceedings.
4. Per contra, the learned A.G.A. has vehemently opposed the prayer
for bail but could not state the exact time of the last seen in the CCTV
footage, as mentioned in the case diary as well as the statement of
the witness. He also could not dispute the fact that there was no
recovery on the pointing out of the applicant.
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- Vijay, 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.
BAIL No. 14187 of 2026
3
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.
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 Firozabad 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
Checking your session…