Allahabad High Court
NEERAJ KUSHWAHAversusSTATE OF U.P.
- Decided
Holding
An accused who is not specifically implicated in the FIR or dying declaration and lacks incriminating material may be granted bail, especially when co‑accused have been released on bail and the charge sheet is filed.
Summary
The applicant, Neeraj Kushwaha, was arrested in connection with a murder case (Criminal No. 228 of 2025) despite not being named in the FIR or the dying declaration, which implicated only co‑accused Mohit, Piyush and Aashu. He argued that his inclusion was a false implication arising solely from his association with another accused, Saurabh Rajpoot, and that there was no incriminating material against him. The State opposed bail but did not dispute these factual contentions. The Court, considering the lack of direct evidence, the applicant’s clean record, the filing of a charge sheet, and precedents on bail jurisprudence, held that bail was appropriate. Consequently, the Court ordered the release of the applicant on bail subject to personal bond, sureties and standard conditions, and directed procedural steps for his release. The order also referenced the need to alleviate jail overcrowding and to follow Supreme Court guidelines on bail.
Issues considered
- Whether an accused not named in the FIR or dying declaration can be granted bail.
- Whether the principle of parity with co‑accused already released on bail applies.
- Whether the filing of a charge sheet negates the need for custodial interrogation.
- Whether the nature of the offences and the applicant’s personal circumstances justify bail.
Legislation cited
- Indian Penal Code — s. 103, 109, 115, 191, 352, 61
Subjects
- bail
- Indian Penal Code
- non‑named accused
- parity principle
- overcrowded jails
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15241 of 2026
Neeraj Kushwaha
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Himanshu Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Himanshu Mishra, learned counsel for the applicant, Sri
Roshan Kumar 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.228 of 2025, under Sections
191(2), 191(3), 109(1), 115(2), 352, 61(2), 103(1) B.N.S. of Police
Station Kheda Garh, District-Agra, during the pendency of the trial.
3. Contention of learned counsel for the applicant is that the applicant
was not named in the FIR, wherein allegation has been made against
co-accused Mohit, Piyush and Aashu along with three other unknown
persons for mercilessly beating the son of the first informant Deepak,
who was subsequently succumbed to injuries. He further submitted
that even in the dying declaration, the deceased did not make any
allegation against the applicant and specific allegation was made
against co-accused Mohit, Piyush and Aashu. The applicant has
been falsely implicated merely because one of the co-accused
Saurabh Rajpoot is friend of the applicant though there is no
incriminating material against him. There is no recovery of any
weapon on pointing out of the applicant and case of the applicant is
distinguishable from the co-accused Mohit, Piyush and Aashu. It is
further submitted that co-accused Rohit Sharma, has already been
released on bail by a coordinate Bench of this Court in Criminal Misc.
Bail Application No.15007 of 2026 vide order dated 05.05.2026.
Therefore, the applicant is also entitled to be released on bail on the
ground of parity. It is lastly submitted that charge sheet has been filed
BAIL No. 15241 of 2026
2
by the police, therefore, there is no requirement for custodial
interrogation. The applicant has no criminal history and he is
languishing in jail since 01.02.2026. 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- Neeraj Kushwaha, 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
BAIL No. 15241 of 2026
3
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 concerned 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 6, 2026
S.C.
(Arun Kumar Singh Deshwal,J.)
Digitally signed by :-
SHUBHAM CHAURASIA
High Court of Judicature at Allahabad
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