Allahabad High Court
LAXMIKANT @ DOLYversusSTATE OF U.P.
- Decided
Holding
The court held that, in the absence of incriminating material and considering parity, overcrowded prisons, and Supreme Court precedents, the applicant is entitled to bail.
Summary
The applicant, Laxmikant @ Doly, was arrested in connection with a homicide alleged to have occurred three to four days before the body was recovered on 01‑07‑2025. The prosecution’s case relied on a missing‑person report, a post‑mortem indicating crush injuries, and motive suggested by the victim’s family, but no direct witness, weapon, or recovered evidence linked the applicant to the crime. The applicant argued that he was falsely implicated, that the co‑accused had already been released on bail, and that there was no need for custodial interrogation since a charge‑sheet had been filed. The court, invoking the Supreme Court’s guidelines in Kapil Wadhawan and Maya Tiwari and considering jail overcrowding, found no substantive reason to deny bail and ordered his release on personal bond with conditions. The bail order was issued with procedural safeguards such as verification of identity and electronic transmission to the jail.
Issues considered
- Whether bail should be granted to the accused in a homicide case pending trial under Sections 103(1), 238, 61(2), 3(5) of the BNS.
- Whether the principle of parity with a co‑accused already released on bail warrants granting bail to the applicant.
- Whether the lack of direct evidence and the presence of jail overcrowding justify bail under prevailing Supreme Court jurisprudence.
Legislation cited
- BNS — s. 103(1), 238, 3(5), 61(2)
Subjects
- bail
- criminal procedure
- parity
- overcrowded prisons
- pre‑trial detention
- Supreme Court guidelines
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15330 of 2026
Laxmikant @ Doly
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Arfi, Ram Jatan Yadav
Counsel for Opposite Party(s) : G.A., Himanshu Mishra
Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Ram Jatan Yadav, learned counsel for the applicant, Sri
Himanshu Mishra, learned counsel for the first informant and Sri
D.P.S. Chauhan, 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.231 of 2025, under Sections-
103(1), 238, 61(2), 3(5) of BNS, Police Station-Hariparvat, District-
Agra, during the pendency of the trial.
3. Contention of learned counsel for the applicant is that as per the
prosecution story, the deceased was missing since 27.06.2025,
missing report was also lodged on 28.06.2025. Thereafter, the dead
body of the deceased was recovered on 01.07.2025 and as per the
postmortem report, crush injury was found on the head of the
deceased and probable time of the death of the deceased was 3-4
days prior to the postmortem. Thereafter, FIR was lodged on
02.07.2025 wherein a doubt was expressed against the applicant and
other co-accused persons. Subsequently, the first informant as well
as mother and sister of the first informant introduced motive to kill the
deceased on the part of the applicant as the applicant was beaten by
his father on the complaint of the father of the deceased when he
tried to harass the sister of the deceased. It is further submitted that
after arrest of the applicant, false recovery of scooty of the deceased
was shown from him. It is further submitted that there is no witness of
the aforesaid incident and there is no recovery of any weapon or any
stone which was alleged to be used in crushing the head of the
deceased. The applicant has been falsely implicated despite there
being no incriminating material against him. It is further submitted that
BAIL No. 15330 of 2026
2
co-accused Shivam alias Bhola, has already been released on bail by
a coordinate Bench of this Court in Criminal Misc. Bail Application
No.40443 of 2025 vide order dated 24.04.2026. Therefore, the
applicant is also entitled to be released on bail on the ground of
parity. It is further submitted that the applicant has explained the
criminal history of two cases in the accompanying affidavit. 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 03.07.2025. 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 counsel for the first informant and learned
A.G.A. have 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- Laxmikant @ Doly, 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. 15330 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 Agra 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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