DEVENDRA SINGHversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 15320 of 2026

Devendra Singh
                                                           .....Applicant(s)
                                  Versus

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

Counsel for Applicant(s)                :   Harish Chandra Mishra
Counsel for Opposite Party(s)           :   G.A.

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

1. Heard Sri Harish Chandra Mishra, learned counsel for the applicant, 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. 132 of 2024, under Sections- 302,
120B I.P.C., Police Station- Lahchura, District- Jhansi, 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 though the date of incident is 09.04.2023, the
FIR has been lodged on 09.08.2024 through the application under Section
156(3) Cr.P.C. He further submitted that though there is no eye-witness
who has seen the applicant along with co-accused lastly in the company
of the deceased except the mother and wife of the first informant. He
further submitted that even the mother and wife did not state that they had
seen the applicant with co-accused consuming poisonous alcohol with the
deceased. The applicant has falsely been implicated in the present due to
apprehension and doubt. It is also submitted by the learned counsel for the
applicant that during the proceedings under Section 156(3) Cr.P.C., the
police has also submitted report that the deceased was habitual drunker
and used to consume unrefined alcohol and must have died while
consuming the same. It is further submitted that co-accused Kishori Lal,
has already been released on bail by a coordinate Bench of this Court in
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Criminal Misc. Bail Application No. 43691 of 2025 vide order dated
17.04.2026. Therefore, the applicant having an identical role, is also
entitled to be released on bail on the ground of parity. 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 24.03.2026. 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
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 taking into account the fact that
similarly situated co-accused has been enlarged on bail 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. Accordingly, the present
application is allowed.

6. Let the applicant- Devendra 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
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                                    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
                                    Jail Superintendent, Jhansi 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