Allahabad High Court
ABHISHEKversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to bail.
Summary
The High Court considered a bail application filed by Abhishek, accused of murder under several sections of the BNS and the Arms Act, in connection with the death of a young man who was allegedly in a love affair with Abhishek's sister. The prosecution alleged that Abhishek and co‑accused threatened the deceased, and a co‑accused’s statement implicated him, while the defence highlighted the lack of incriminating CDR evidence and the fact that a co‑accused had already been granted bail. The court, invoking Supreme Court precedents (Kapil Wadhawan vs CBI, Maya Tiwari vs State UP) and its own guidelines on bail, noted the applicant’s clean record, the principle of parity, and the need to alleviate jail overcrowding. Without expressing a view on the merits, the judge concluded that the applicant was entitled to bail, subject to strict conditions. Accordingly, bail was ordered on the basis of a personal bond and two sureties, with directions for verification and compliance with procedural safeguards.
Issues considered
- Whether bail should be granted to the accused in a murder case involving alleged motive of a love affair.
- Whether the lack of CDR evidence and the grant of bail to a co‑accused create a right to parity for the applicant.
- Whether the applicant poses a risk of tampering with evidence or committing further offences.
- Whether the guidelines laid down by the Supreme Court and the High Court on bail in serious offences apply.
Legislation cited
Subjects
- bail
- murder
- criminal procedure
- Arms Act
- parity
- CDR evidence
- jail overcrowding
- Supreme Court guidelines
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15043 of 2026
Abhishek
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Akash Mishra
Counsel for Opposite Party(s) : G.A., Satyendra Narayan Singh, Vikas Singh
Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Akash Mishra, learned counsel for the applicant, Sri
Satyendra Narayan Singh, learned counsel for the first informant and
Sri Ram Kumar Verma, 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. 40 of 2026, under Sections-
103(1), 140(1), 238, 61(2), 3(5) of BNS and 3/25/27 of Arms Act,
Police Station-Bharthana, District-Etawah, during the pendency of the
trial.
3. Contention of learned counsel for the applicant is that, as per the
prosecution story, the deceased went to attend coaching on
18.02.2026 at 7:00 a.m. and when he did not return, the father of the
deceased filed a missing report on 18.02.2026. Thereafter, the dead
body of the deceased was found on 19.02.2026. The postmortem
examination on the dead body of the deceased was conducted on
20.02.2026. Thereafter, an FIR was lodged on 21.02.2026, wherein
doubt has been expressed upon the applicant along with the co-
accused for committing the murder of the deceased on the ground
that the deceased was having a love affair with the sister of the co-
accused applicant, who along with the other co-accused had also
threatened the deceased not to continue the relationship with his
sister.
4. It is further submitted that CDR of the mobile of the applicant and
co-accused does not show that they were last seen together at the
time of committing the murder of the deceased. It is further submitted
that there is no incriminating material against the applicant except the
BAIL No. 15043 of 2026
2
statement of co-accused persons and he has been falsely implicated
on the basis of recovery of one tab from river on pointing out of the
applicant which allegedly belongs to the deceased. It is further
submitted that the co-accused Deepak Kumar, has already been
released on bail by a coordinate Bench of this Court in Criminal Misc.
Bail Application No.12739 of 2026 vide order dated 16.04.2026.
Therefore, the applicant being on better footing, he is also entitled to
be released on bail on the ground of parity. 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 24.02.2026. 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 counsel for the first informant and learned
A.G.A. have vehemently opposed the prayer for bail and submitted
that the co-accused has specifically made allegation of strangulation
against the present applicant and motive is also assigned to the
present applicant as the sister of the present applicant was having
love affair with the deceased. It is further submitted that CDR report
of the mobile of the applicant shows that the applicant was in touch
with each other.
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- Abhishek, 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
BAIL No. 15043 of 2026
3
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.
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 Etawah 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 5, 2026
S.C.
(Arun Kumar Singh Deshwal,J.)
Digitally signed by :-
SHUBHAM CHAURASIA
High Court of Judicature at Allahabad
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