Allahabad High Court

DHARA SINGHversusSTATE OF U.P.

Decided: 4 May 2026
Bench: ARUN KUMAR SINGH DESHWAL

Holding

The applicant is entitled to be released on bail.

Summary

The Allahabad High Court considered a bail application filed by Dhara Singh, who was arrested in connection with a murder case (Crime No.02 of 2026) alleging his participation in the beating and death of a man. The applicant argued that he was falsely implicated, that the injuries were accidental, and that no weapon was recovered linking him to the alleged crush injury. The prosecution contended that the applicant had a motive and was complicit with co‑accused Vijay Singh. The Court, taking into account the nature of the offence, the evidence, the overcrowding of jails, and recent Supreme Court precedents on bail, decided to grant bail without passing on the merits of the case. The order directed the applicant to furnish a personal bond, two sureties, and comply with several conditions, with provisions for verification and electronic transmission of the order.

Issues considered

Whether the applicant Dhara Singh is entitled to bail pending trial in the murder case.
Whether the nature of the alleged offences and the evidence justify denial of bail.

Legislation cited

Indian Penal Code — s. 103(1), 115(2), 117(2), 126(2), 190, 191(2), 191(3)

Subjects

bail
criminal procedure
Indian Penal Code
overcrowded prisons
presumption of innocence
judicial discretion

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 15051 of 2026

Dhara Singh
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)

Counsel for Applicant(s) : Sarvajeet Singh
Counsel for Opposite Party(s) : G.A., Pankaj Kumar Sharma

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

1. Heard Sri Sarvajeet Singh, learned counsel for the applicant, Sri
Pankaj Kumar Sharma, learned counsel for the first informant and Sri
Bhupendra Pal Singh, 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.02 of 2026, under Sections
103(1), 126(2), 191(2), 191(3), 115(2), 117(2), 190 B.N.S., Police
Station Mujariya, District Budaun, during the pendency of the trial.

3. Contention of learned counsel for the applicant is that the applicant
is an innocent person and he has been falsely implicated in the
present case. He further submitted that as per the prosecution story,
five named accused persons including the applicant are alleged to
have beaten the husband of the first informant mercilessly which
resulted into his death. This incident was witnessed by Rajendra
Singh, who was a pillion rider, and also by one Ramanand. He further
submitted that a bare perusal of the post-mortem report of the
deceased, it is clear that the deceased received 7 abrasion on non-
vital part, which are simple in nature. However, there is one crush
injury on the head of the deceased, which was alleged to have
caused intentionally by a vehicle, however, no specific role has been
assigned to the applicant to cause the crush injury to the deceased.
He further submitted that actually it is a case of accident because of
enmity between the parties the same has been converted into the
case of murder. He further submitted that no weapon has been
recovered on pointing out of the applicant. The applicant has been
falsely been implicated in the present case only to exert pressure
upon him. Applicant has explained the criminal history of four cases
BAIL No. 15051 of 2026
2

in the accompanying affidavit. The applicant is in jail since
04.01.2026. He further submitted that charge sheet has been filed by
the police, therefore, there is no requirement for custodial
interrogation. In case the applicant is released on 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 applicant has motive to kill the deceased but could not dispute
the parity and role of the applicant with the co-accused, Vijay Singh.

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- Dhara Singh, 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.

iv. The applicant shall attend in accordance with the conditions of the
bond executed by him.
BAIL No. 15051 of 2026
3

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 Budaun 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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