Allahabad High Court

AWADHESHversusSTATE OF U.P.

Decided: 6 May 2026
Bench: ARUN KUMAR SINGH DESHWAL

Holding

The applicant is entitled to be released on bail.

Summary

Awadhesh applied for bail in a case involving offences under several sections of the B.N.S. and the Arms Act. He claimed he was falsely implicated, being the father of co‑accused Surjeet and Sanjeet, with no direct evidence linking him to the firearm injury. The State opposed bail but did not dispute that similarly situated co‑accused (Vipin and Naresh) had been released on bail. The Court, noting the parity with those co‑accused, the nature of the offence, the lack of incriminating material, overcrowded jails, and Supreme Court precedents, granted bail without commenting on the merits. The order imposed standard bail conditions and directed procedural steps for release.

Issues considered

Whether the applicant, alleged to be falsely implicated and lacking incriminating material, is entitled to bail.
Whether parity with co‑accused who were previously released on bail warrants granting bail to the applicant.
Whether the nature of the offences under the B.N.S. and Arms Act precludes bail.

Legislation cited

Arms Act — s. 27
B.N.S. — s. 103(1), 115(2), 126(2), 190, 191(1), 191(2), 191(3), 3(5), 351(3)

Subjects

bail
false implication
parity
Arms Act
criminal procedure
overcrowded jails
Supreme Court precedent

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 14474 of 2026

Awadhesh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)

Counsel for Applicant(s) : Jitendra Singh
Counsel for Opposite Party(s) : G.A.

Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.

1. Heard Sri Jitendra Singh, learned counsel for the applicant, Sri D.P.S.
Chauhan, learned A.G.A. for the State and perused the record.

2. This application has been filed with a prayer to release the applicant on
bail during the trial in in Case Crime No. 17 of 2026, under section 103(1),
115(2), 351 (3), 126 (2), 191 (1), 191 (2), 191 (3), 190 and 3 (5) of B.N.S.
and section 27 of Arms Act, P.S.- Gadhiya Rangeen, District- Shahjahanpur.

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 in the FIR, specific allegation of causing firearm
injury has been made against the co-accused Pradeep, Sanjeet and Surjeet,
subsequently, the eye-witness as well as the injured made specific allegation
for causing firearm injury against accused Sanjeet and Surjeet. No specific
role has been assigned to the applicant for causing any injury to the
deceased. No weapon has been recovered on pointing out of the applicant.
The applicant has been falsely implicated merely because he is father of co-
accused Surjeet and Sanjeet though there is no incriminating material against
him. He further submitted that co-accused Vipin and Naresh, having similar
role to that of the applicant, have been enlarged on bail by this Court in
Criminal Misc. Bail Application No.12121 of 2026 and 12989 of 2026 vide
order dated 09.01.2026 and 20.04.206. Therefore, the applicant is also
entitled to be released on bail on the ground of parity. The applicant has no
criminal history and he is in jail since 16.02.2026. It is lastly submitted that
charge sheet has been filed by the police, therefore, there is no requirement
for custodial interrogation. In case the applicant is released on bail, he will
BAIL No. 14474 of 2026
2

not misuse the liberty of bail and would cooperate in the trial proceedings.

4. Per contra, learned A.G.A. vehemently opposed the prayer for bail but
could not dispute the parity of the applicant with co-accused Vipin and
Naresh, who have been enlarged on bail by this Court.

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 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- Awadhesh 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.
BAIL No. 14474 of 2026
3

9. Verification of mobile number as well as Aadhaar Card of the applicant
and sureties should also be conducted by the court concerned.

9. 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.

10. 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.

11. Office is directed to send a copy of this order to the applicant through
Shahjahanpur 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 7, 2026
A.Kr.
(Arun Kumar Singh Deshwal,J.)

Digitally signed by :-
AJAY KUMAR
High Court of Judicature at Allahabad

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