Allahabad High Court
DINESHversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
The High Court considered a bail application filed by Dinesh, accused in a murder case under several sections of the B.N.S. The applicant argued that he was not named in the FIR, was only implicated through statements of other victims, and that no specific role was assigned to him; he also pointed to the release of a co-accused on similar grounds. The State opposed bail but did not dispute the factual matrix. Relying on Supreme Court precedents on bail, the principle of parity, and the need to decongest prisons, the Court held that the applicant was entitled to bail. The Court ordered his release on personal bond with two sureties, subject to standard conditions and verification procedures. The bail order was directed to be implemented through the Bail Order Management System and communicated to the jail electronically.
Issues considered
- What is the applicability of bail under the listed sections of the B.N.S. in the present case?
- Does the principle of parity with a co-accused already released on bail justify granting bail to the applicant?
- Do the facts and circumstances, including lack of specific role and overcrowded jails, warrant bail despite the seriousness of the offence?
Legislation cited
- B.N.S. — s. 103(1), 115(2), 117(2), 190, 191(2), 191(3)
Subjects
- bail
- criminal procedure
- parity
- overcrowded prisons
- pre‑trial detention
- judicial discretion
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14498 of 2026
Dinesh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Harikrishna Tiwari, Lakshmi Kant
Singh, Manish Kumar Datta, Narendra
Singh
Counsel for Opposite Party(s) : G.A., Kamlesh Kumar Tiwari
Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Harikrishna Tiwari, learned counsel for the applicant, Sri
Himanshu Kumar, 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. 247 of 2025, under Sections- 191(2),
191(3), 190, 117(2), 115(2) and 103(1) of B.N.S., Police Station-
Naseerpur, District- Firozabad, during the pendency of the trial.
3. Contention of learned counsel for the applicant is that the applicant was
not named in the FIR. Subsequently his name was surfaced in the
statement of injured Anoop, Gulshan, Devshree and Lavkush wherein
specific allegation has been made that co-accused persons came and
started beating them. He further submitted that on receiving information,
the deceased Satyabhan came to the place of incident thereafter accused
persons mercilessly beaten him and caused the death of deceased by fire
arm injury. He further submitted that bare perusal of the post mortem
report of the deceased, it is clear that he received only one gun shot injury
and fire arm was recovered on the pointing out of co-accused Arun @
Mirchi. No specific role has been assigned to any of the co-accused for
causing that injury and the applicant has been falsely implicated. It is
further submitted that co-accused Vimla @ Vimal has already been
released on bail by this Court in Criminal Misc. Bail Application No.
11447 of 2026 vide order dated 6.4.2026. Therefore, the applicant having
BAIL No. 14498 of 2026
2
an identical role, is also entitled to be released on bail on the ground of
parity. It is further submitted that the applicant has explained criminal
history of one case. 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 22.2.2026. In case the applicant 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 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- Dinesh, 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. 14498 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
Jail Superintendent, Firozabad 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.)
April 30, 2026
KJ
Digitally signed by :-
KAMARJAHAN ANSARI
High Court of Judicature at Allahabad
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