Allahabad High Court
AMITversusSTATE OF U.P.
- Decided
Holding
The applicant Amit is entitled to be released on bail.
Summary
The High Court considered a bail application filed by Amit, who was arrested in connection with Crime No. 701 of 2025 involving offences under Sections 191(2), 191(3), 109(1), 103(1), 115(2), 352 of the BNS and Sections 3, 25 and 27 of the Arms Act. Amit argued that the firearm injury to the deceased was caused by co‑accused Yogesh and Rahul, and that his alleged role was limited to a simple assault with a danda, citing the charge sheet and an affidavit showing a clean criminal record. The State opposed bail but did not dispute the factual matrix. The Court, noting that a similarly situated co‑accused (Naresh) had already been released on bail, the principle of parity, jail overcrowding, and recent Supreme Court precedents (Kapil Wadhawan v. CBI, Maya Tiwari v. State of U.P., and the Policy Strategy for Grant of Bail), granted bail without commenting on the merits, imposing standard conditions. Amit was ordered to furnish a personal bond and two sureties, with verification of identity and compliance with electronic release procedures.
Issues considered
- Whether the applicant Amit is entitled to bail despite the serious nature of the offences alleged under the BNS and Arms Act.
- Whether parity with a co‑accused already released on bail warrants granting bail to the applicant.
- Whether the principles laid down in Kapil Wadhawan v. CBI and Maya Tiwari v. State of U.P. regarding bail and jail overcrowding apply to the present case.
Legislation cited
Subjects
- bail
- criminal procedure
- Arms Act
- BNS
- parity
- jail overcrowding
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14539 of 2026
Amit
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Bhanu Prakash Verma
Counsel for Opposite Party(s) : G.A., Vinay Kumar Pandey
Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Bhanu Prakash Verma, learned counsel for the applicant, Sri
Vinay Kumar Pandey, learned counsel for the first informant, Sri Rakesh
Kumar Mishra, 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.701 of 2025, under Sections-191(2),
191(3), 109(1), 103(1), 115(2), 352 of BNS, and Section 3/25/27 of Arms
Act, Police Station-Jait, District-Mathura, during the pendency of the
trial.
3. Contention of learned counsel for the applicant is that from the perusal
of the FIR as well as statement of the injured, specific allegation of
causing firearm injury to the deceased Radhkrishnan has been assigned to
Yogesh and Rahul. It is further submitted that the postmortem report of
the deceased, Radhakrishnan shows that he received only one firearm
injury that has been assigned to Yogesh and Rahul. It is further submitted
that applicant has been assigned the role of causing assault to the injured
with danda with other co-accused persons. All injuries are simple in
nature. It is further submitted that the applicant has explained the criminal
history of one case in the accompanying affidavit. It is further submitted
that co-accused Naresh has already been released on bail by this Court in
Criminal Misc. Bail Application No. 9499 of 2026 vide order dated
10.04.2026. Therefore, the applicant is also entitled to be released on bail
on the ground of parity. It is further submitted that charge sheet has been
BAIL No. 14539 of 2026
2
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 29.12.2025. 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 counsel for the first informant as well as learned
A.G.A. for the State have 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- Amit, 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. 14539 of 2026
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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, Mathura 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 7, 2026
SA
Digitally signed by :-
SALMAN ALI
High Court of Judicature at Allahabad
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