Allahabad High Court

RAJESH KUMARversusSTATE OF U.P.

Decided: 6 May 2026
Bench: ARUN KUMAR SINGH DESHWAL

Holding

The applicant is entitled to be released on bail.

Summary

The High Court considered a bail application filed by Rajesh Kumar, who was arrested in connection with a murder case (Crime No.23 of 2026) under Sections 103(1), 238A and 61(2) of the Criminal Procedure Code. The applicant argued that the FIR and investigation specifically implicated the co‑accused Rahul, with no direct allegation or motive assigned to him, and that the evidence (a recovered danda without blood and lack of eyewitness or CCTV) was insufficient to justify his detention. The State opposed bail but did not dispute the factual matrix. Relying on Supreme Court precedents in Kapil Wadhawan v. CBI (2025), Maya Tiwari v. State of U.P. (2024) and the policy directive on bail (2023), the Court held that the applicant was entitled to bail, emphasizing the need to avoid unnecessary incarceration. Accordingly, the Court ordered his release on bail subject to a personal bond, two sureties and standard conditions, with procedural directions for verification and prompt release.

Issues considered

Whether the applicant, Rajesh Kumar, is entitled to bail under the Criminal Procedure Code given the nature of the offence and the evidence against him
Whether the applicant has been falsely implicated and lacks a specific motive or direct allegation in the FIR
Whether the Supreme Court guidelines on bail and the circumstances of overcrowded jails warrant granting bail

Legislation cited

Code of Criminal Procedure, 1973 — s. 103(1), 238A, 61(2)

Subjects

bail
Criminal Procedure Code
false implication
evidence
overcrowded jails
Supreme Court guidelines
murder case

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 14629 of 2026

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

Counsel for Applicant(s) : Nitin Sharma
Counsel for Opposite Party(s) : G.A.

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

1. Heard Sri Nitin Sharma, 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.23 of 2026, under Sections-
103(1), 238A, 61(2) BNS, Police Station-Babrala, District-Sambhal,
during the pendency of the trial.

3. Contention of learned counsel for the applicant is that as per the
FIR, specific allegation of motive and causing death of the deceased
has been assigned to the co-accused Rahul and during investigation,
the statement of wife of the deceased was also recorded wherein she
had clearly admitted that she was informed by the deceased that the
co-accused Rahul instead of returning his money taken by him is
trying to kill him. Thereafter, the dead body of the deceased was
recovered from the adjoining road. It is further submitted that
applicant has been falsely implicated in the present case on the basis
of statement of co-accused, Rahul, though, neither specific allegation
has been made by the first informant or other family members against
the applicant nor any motive was assigned to the applicant.
Thereafter, on the basis of joint declaration of the applicant and co-
accused, one danda was shown to be recovered behind the store
room of the petrol pump, though, there was no blood stain on the
aforesaid danda. It is further submitted that there is no eye witness of
the incident or any CCTV footage showing the involvement of the
applicant and motive has been assigned to the co-accused, Rahul. It
BAIL No. 14629 of 2026
2

is further submitted that as per the postmortem report, the cause of
death is only one ante-mortem head injury which was found to be
fatal and no specific role has been assigned to the applicant and
applicant has been falsely implicated on the basis of recovery of one
danda. It is further submitted that the applicant has no criminal
history. The applicant is a law abiding citizen and he is languishing in
jail since 18.02.2026. 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 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- Rajesh Kumar, 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. 14629 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 Moradabad 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
S.C.
(Arun Kumar Singh Deshwal,J.)

Digitally signed by :-
SHUBHAM CHAURASIA
High Court of Judicature at Allahabad

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