Allahabad High Court
PRINCE DUBEYversusSTATE OF U.P.
- Decided
Holding
The court held that Prince Dubey is entitled to be released on bail.
Summary
The Allahabad High Court considered a bail application filed by Prince Dubey in Criminal Misc. Bail Application No. 15034 of 2026, relating to Crime No. 108 of 2025 under Sections 103(1) and 3(5) of the B.N.S. and Section 4/25 of the Arms Act. The prosecution alleged that the deceased was missing, later found dead, and that Dubey was implicated mainly on the basis of call‑detail records linking him to co‑accused, with no weapon recovered from him and no last‑seen evidence. The applicant argued lack of direct evidence, parity with a co‑accused already released on bail, and his clean criminal record. The court, noting the absence of substantive incriminating material, the filing of a charge‑sheet, the principle of parity, and the need to decongest jails, granted bail without expressing an opinion on the merits. The order imposed standard bail conditions and directed electronic verification and release procedures.
Issues considered
- Whether Prince Dubey is entitled to bail despite the allegations under the B.N.S. and Arms Act.
- Whether the call‑detail records and lack of direct physical evidence justify continued detention.
- Whether parity with a co‑accused already released on bail mandates the same relief.
- Whether the nature of the offences (including possession of arms) precludes bail.
Legislation cited
Subjects
- bail
- parity
- Arms Act
- call detail records
- overcrowded prisons
- charge sheet
- criminal history
- bail conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15034 of 2026
Prince Dubey
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Raghuvansh Misra, Shikher Trivedi
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Shikher Trivedi, learned counsel for the applicant, Sri
Rishabh Tiwari, learned counsel for the first informant and 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. 108 of 2025, under Sections 103(1)
and 3(5) of B.N.S. and Section 4/25 of Arms Act, Police Station Swaroop
Nagar, District Kanpur Nagar, during the pendency of the trial.
3. Contention of learned counsel for the applicant is that as per the
prosecution story, deceased was missing since 17.10.2025. Thereafter,
missing report was also lodged on 18.10.2025, after that, the body of the
deceased was recovered on 19.10.2025. Thereafter, the FIR was lodged
against unknown persons. It is further submitted that applicant has been
falsely implicated merely on the basis of CDR report which shows that
the applicant called several times to the co-accused, Mohit Singh Tomar
and Rishab @ Babu Singh. It is further submitted that there is no recovery
of any weapon on pointing out of the applicant and a knife has also been
recovered from the co-accused Kanhaiya and postmortem report of the
deceased also shows that he received several stab wounds. Therefore,
same could be assigned to the co-accused Kanhaiya, not to the applicant.
It is further submitted that there is no last seen evidence showing that the
deceased was in the company of the applicant. It is further submitted that
co-accused Mohit Singh Tomar, has already been released on bail by a
coordinate Bench of this Court in Criminal Misc. Bail Application No.
BAIL No. 15034 of 2026
2
10531 of 2026 vide order dated 17.04.2026. 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 the applicant has no criminal
history. 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
07.11.2025. 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 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- Prince Dubey, 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
BAIL No. 15034 of 2026
3
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, Kanpur Nagar 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 5, 2026
SA
Digitally signed by :-
SALMAN ALI
High Court of Judicature at Allahabad
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