Allahabad High Court
SATYAPRAKASHversusSTATE 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 Satyaprakash, accused in a case under Section 103(1) B.N.S. for allegedly assaulting the deceased with a danda and kulhadi. The FIR and witness statement named four persons but did not assign a specific role to the applicant, and no weapon was recovered from him; he also has no prior criminal record. The State opposed bail, citing a separate FIR in which the applicant was alleged to have threatened the first informant to prevent testimony. Referring to Supreme Court precedents in Kapil Wadhawan v. CBI, Maya Tiwari v. State of U.P., and the policy for grant of bail, the court noted the nature of the offence, the evidence, and the problem of jail overcrowding. Without expressing an opinion on the merits, the court granted bail with strict conditions and directed procedural steps for his release. The order was dated 6 May 2026.
Issues considered
- Whether bail should be granted to the accused in a murder‑related offence under Section 103(1) B.N.S. when the FIR does not specifically implicate him and he has no prior record.
- Whether the separate FIR alleging that the applicant threatened a witness affects the bail decision.
- How the Supreme Court’s guidelines on bail, jail overcrowding, and trial pendency apply to the present case.
Subjects
- bail
- criminal procedure
- Section 103
- murder
- overcrowded jails
- Supreme Court precedent
- witness threat
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14248 of 2026
Satyaprakash
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Himanshu Upadhyay, Prabhat Chandra
Sharma
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard learned counsel for the applicant, 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. 356 of 2024, under Section 103 (1) B.N.S., police station
Kotwali Dehat, District Etah, during the pendency of the trial.
3. Contention of learned counsel for the applicant is that, in the FIR as well as in the
statement of the first informant, who is also claimed to be an eye-witness of the
incident, general allegations have been made against four persons, including the
present applicant, who assaulted the deceased Vivek with danda and kulhadi on his
head and face, and subsequently Vivek succumbed to the injuries. It is further
submitted that no specific role has been assigned to the applicant and there is no
recovery of any weapon on the pointing out of the applicant. Learned counsel for the
applicant further submitted that the applicant has no prior criminal history. However,
an FIR being Case Crime No.153 of 2026, P.S.- Kotwali, District- Etah was lodged
by the first informant against co-accused Mukesh and the applicant on the ground that
co-accused Mukesh had threatened the first informant to enter into compromise in the
present case. He further threatened that in case the first informant does not agree for
compromise then the present applicant after being released on bail, would kill the first
informant. Copy of the said FIR has been verified through e-court services app. 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 6.9.2024. 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
could not dispute the aforesaid fact.
5. Considering the entire facts and circumstances of the case, submissions of learned
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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 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. Accordingly, the present
application is allowed.
6. Let the applicant- Satya Prakash 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 Etah Jail
BAIL No. 14248 of 2026
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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
A.Kr.
(Arun Kumar Singh Deshwal,J.)
Digitally signed by :-
AJAY KUMAR
High Court of Judicature at Allahabad
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