Allahabad High Court
SHIVA TYAGIversusSTATE OF U.P.
- Decided
Holding
Bail was denied as the Court was not convinced that the applicant was entitled to release pending trial.
Summary
Shiva Tyagi was charged with murdering his aunt under Section 103(1) of the B.N.S.S. and Sections 3, 25 and 27 of the Arms Act. The applicant argued that there were no reliable eyewitnesses and that his alleged confession to police was not properly recorded, seeking bail after being in custody since 5 March 2026. The State contended that two eyewitnesses saw the applicant fleeing the scene, that he voluntarily handed over the firearm at the police station, and that a confession was obtained, justifying denial of bail. The Court examined the nature of the offence, the eyewitness testimony, the alleged confession, and the fact that the accused was alone at the crime scene before fleeing. Concluding that the evidence indicated the applicant’s involvement, the Court refused to grant bail. Consequently, the bail application was dismissed.
Issues considered
- Whether bail should be granted to an accused in a murder case where eyewitnesses claim to have seen the accused fleeing the scene and a confession is alleged.
Legislation cited
Subjects
- bail
- murder
- confession
- eyewitness
- Arms Act
- criminal procedure
- pre‑trial detention
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15252 of 2026
Shiva Tyagi
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajeev Upadhyay
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Rajeev Upadhyay, learned counsel for the applicant, Sri
Ramkumar 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. 55 of 2026, under Sections 103(1)
B.N.S.S. and 3/25/27 Arms Act, Police Station-Hastinapur, District-
Meerut, during the pendency of the trial.
3. Contention of learned counsel for the applicant is that though allegation
has been made against the present applicant that he shot dead his aunt
(deceased). It is further submitted that the two eye-witnesses came
forward and stated that after hearing the sound of firing and when they
came to the house of the deceased, they found that the applicant went
toward the road with fast steps from the house. Subsequently, these two
witnesses have also given an affidavit to the S.P. stating that they had not
seen any incident or the applicant. It is further submitted that there is no
eye-witness of the incident in question and his confession to the police
has been incorrectly recorded, though the applicant never went to the
police station to confess the same. Therefore, the applicant is entitled to
be released on bail. The applicant is a law-abiding citizen and he is
languishing in jail since 05.03.2026. 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
and submitted that after committing the murder of the deceased, the
BAIL No. 15252 of 2026
2
applicant immediately left the house for the police station and was also
seen by the two eye-witnesses while leaving the place of incident. It is
further submitted that after reaching the police station, he handed over the
firearm as well as cartridge to the police which was used in the incident,
and the arrest of the applicant was also shown by the police on the basis
of his confession as well as handing over the weapon in police station.
Therefore, the applicant is not entitled to be released on bail.
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, and complicity of the accused, and taking into account
the fact that the applicant was alone in the house of the deceased and
immediately after the incident he left the house, which was seen by the
two eye-witnesses, and also his confession to the police at the police
station and handing over the weapon used in committing the murder of
the deceased, this Court is not inclined to release the applicant on bail.
6. Accordingly, the bail application filed on behalf of the applicant is
hereby rejected.
(Arun Kumar Singh Deshwal,J.)
May 6, 2026
SA
Digitally signed by :-
SALMAN ALI
High Court of Judicature at Allahabad
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