Allahabad High Court

ANISversusSTATE OF U.P.

Decided: 5 May 2026
Bench: ARUN KUMAR SINGH DESHWAL

Holding

The applicant is entitled to be released on bail.

Summary

The applicant, Anis, was arrested in connection with the murder of the son of the first informant, although his name was not mentioned in the FIR. The prosecution’s case rests on a statement recorded under Section 180 and the recovery of a 'danda' that bore no bloodstains. The applicant argued that he was falsely implicated, has no prior criminal record, and that a charge sheet has already been filed, rendering further custodial interrogation unnecessary. The court, considering the nature of the offence, the lack of substantive evidence, the applicant’s clean record, overcrowded jails, and recent Supreme Court precedents on bail, decided to grant bail without commenting on the merits of the case. Bail was ordered on the condition of a personal bond, two sureties, and compliance with several procedural safeguards.

Issues considered

Whether bail should be granted to the accused in a murder case where the FIR does not name him and the evidence is tenuous.
Whether the applicant’s alleged involvement, based solely on a Section 180 statement and a non‑blood‑stained weapon, warrants continued detention.

Legislation cited

Code of Criminal Procedure, 1973 — s. 103, 180

Subjects

bail
murder
false implication
Section 180
overcrowded jails
Supreme Court bail guidelines
Criminal Procedure Code

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15312 of 2026

Anis
.....Applicant(s)
Versus

State of U.P.
.....Opposite
Party(s)

Counsel for Applicant(s) : Shakti Dubey, Vinay Kumar Tripathi
Counsel for Opposite Party(s) : G.A.

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

1. Heard Sri Vinay Kumar Tripathi, learned counsel for the applicant, Sri
Rakesh Kumar Mishra, 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. 26 of 2026, under Section- 103(1)
B.N.S., Police Station- Alhaganj, District- Shahjahanpur, 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 that the son of
the first informant left the house in the night of 30.01.2026. Subsequently,
his dead body was found in the Panchayat Bhawan and allegation has
been made that some unknown person has committed the murder of the
deceased (son of the first informant). It is further submitted that after
lodging the FIR, the first informant made allegation against the applicant
in his statement recorded under Section 180 B.N.S.S. that on the fateful
day the applicant had come to his house and the deceased had
accompanied the applicant. Thereafter, the police arrested the applicant
and, on his pointing out, one ‘danda’ is alleged to have been recovered
from an open place. It is further submitted that if the applicant had gone
to the house of the first informant, this fact would have been mentioned in
the FIR, and the applicant has been falsely implicated merely on the basis
of apprehension and doubt. The alleged recovery of ‘danda’ does not
BAIL No. 15312 of 2026
2

contain any bloodstain. 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 31.01.2026. 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.,
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- Anis, 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.
BAIL No. 15312 of 2026
3

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, Shahjahanpur 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 6, 2026
SA

Digitally signed by :-
SALMAN ALI
High Court of Judicature at Allahabad

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