Allahabad High Court
ATUL SINGH @ BABBU SINGHversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
The applicant, Atul Singh, was implicated in a murder case (Crime No. 445 of 2025) based on allegations from the deceased's family, but no direct incriminating material was found against him and no weapon was recovered at his instance. The applicant argued that a co-accused with an identical role had already been released on bail, and that the charge sheet had been filed, removing the need for custodial interrogation. The State opposed bail but did not dispute the facts. The Court, considering the principle of parity, the nature of the offence, the lack of specific evidence against the applicant, overcrowded jails, and Supreme Court and High Court precedents on bail, allowed the bail application. The applicant was ordered to be released on bail upon furnishing a personal bond and two sureties, subject to standard conditions.
Issues considered
- Whether the applicant is entitled to bail despite the serious nature of the offence and the allegations against him
- Whether the grant of bail to a co-accused with an identical role creates a right to bail for the applicant (principle of parity)
- Whether the filing of the charge sheet eliminates the necessity for custodial interrogation and justifies bail
Legislation cited
- B.N.S. — s. 103(1), 109, 115(2), 3(5), 351(3)
Subjects
- bail
- criminal procedure
- parity
- overcrowded jails
- charge sheet
- Section 103
- Section 115
- Section 351
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14367 of 2026
Atul Singh @ Babbu Singh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ram Singh Yadav, Rohit Kumar Singh
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. 445 of 2025, under Sections- 103(1),
3(5), 115(2), 351(3) of B.N.S., Police Station- Rasra, District- Ballia,
during the pendency of the trial.
3. Learned counsel for the applicant submitted that, as per the allegations
made in the FIR, co-accused Pravin Singh @ Golu, along with two
unknown friends, stopped the father of the first informant at about 9:45
p.m. on 25.12.2025 while he was returning home after closing his shop
and fired upon him, which resulted in his death. Subsequently, the first
informant made allegations of firing against co-accused Pravin Singh @
Golu and also named the applicant and other co-accused persons on the
basis of information received from some person. Thereafter, another son
of the deceased, Abhishek, who claims to be an eye-witness of the
incident, made specific allegations of firing against co-accused Manjeet
Singh and Sandeep Singh @ Golu. No specific role has been assigned to
the applicant, and no weapon was recovered at his instance; rather, the
same was recovered at the instance of co-accused Manjeet Singh as well
as Sandeep Singh @ Golu. Therefore, there is no incriminating material
against the applicant. It is further submitted that, along with the present
case, the police has falsely implicated the applicant in Case Crime No.
BAIL No. 14367 of 2026
2
446 of 2025, under Sections 109 and 3(5) of B.N.S., P.S. Rasra, District
Ballia, in which the applicant has already been released on bail. A copy of
the bail order has been brought on record by learned counsel for the
applicant during the course of the day. It is further submitted that co-
accused Prabhat @ Banti Singh, has already been released on bail by a
coordinate Bench of this Court in Criminal Misc. Bail Application No.
13367 of 2026 vide order dated 22.04.2026. Therefore, the applicant
having an identical role, is also entitled to be released on bail on the
ground of parity. 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 26.12.2025. 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 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 as well as
guideline of this Court in the case of Maya Tiwari Vs. State of U.P.,
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-Atul Singh @ Babbu Singh, 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,
BAIL No. 14367 of 2026
3
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 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
Jail Superintendent, Mau 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.
(Arun Kumar Singh Deshwal,J.)
May 6, 2026
SA
Digitally signed by :-
SALMAN ALI
High Court of Judicature at Allahabad
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