Allahabad High Court
RAJUversusSTATE OF U.P.
- Decided
Holding
The Court held that the applicant is entitled to be released on bail.
Summary
The High Court considered a bail application filed by Raju, accused in Criminal Case No. 328 of 2025 for allegedly beating a victim who later died. The FIR and victim's statement implicated all three accused, but the post‑mortem showed a single head injury with no weapon recovered and no specific role assigned to Raju. The applicant, with no prior criminal record and detained since 6 Nov 2025, argued that a co‑accused, Rajinder Nut, had already been granted bail, invoking parity. The State opposed bail but did not dispute the facts. Relying on the parity principle, the nature of the offence, the filing of a charge‑sheet, overcrowded jails, and Supreme Court precedents (Kapil Wadhawan v CBI, Maya Tiwari v State of U.P., and the Policy Strategy for Grant of Bail judgment), the Court granted bail with standard conditions.
Issues considered
- Whether the accused Raju is entitled to bail pending trial despite the seriousness of the alleged offence.
- Whether parity with a co‑accused already released on bail warrants granting bail to the applicant.
- Whether the filing of a charge‑sheet eliminates the need for custodial interrogation for bail considerations.
- How the Supreme Court precedents on bail should be applied in the present case.
Legislation cited
- Indian Evidence Act, 1872 — s. 103(1), 115(2)
Subjects
- bail
- criminal trial
- parity
- overcrowded jails
- Supreme Court precedent
- culpable homicide
- charge sheet
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15364 of 2026
Raju
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashok Kumar Maurya
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Ashok Kumar Maurya, learned counsel for the applicant, Ms.
Mayuri Mehrotra, learned State Law Officer for the State and perused the
record.
2. Instant bail application has been filed with a prayer to release the
applicant on bail during the trial in Case Crime No. 328 of 2025, under
Sections 103(1), 115(2) BNS, Police Station- Sikandarpur, District Ballia.
3. Contention of learned counsel for the applicant is that in the FIR as
well as in the statement of injured, allegations have been made against all
three accused persons including the applicant for beating the injured as
well as deceased, and the deceased subsequently succumbed to her injury.
It is further submitted that from the post mortem report, it is clear that
deceased received single head injury and no specific role for that injury
has been assigned to any of the accused including the applicant. There is
no recovery of any hard and blunt object on the pointing out of the
applicant and injured also received one simple injury. He further
contended that co-accused Rajinder Nut having similar role to that of the
applicant has already been granted bail by this Court in Criminal Misc.
Bail Application No. 12665 of 2026 vide order dated 16.04.2026.
Therefore, the applicant is entitled to be released on bail on the ground of
parity. It is lastly submitted that charge sheet has been filed by the police,
therefore, there is no requirement for custodial interrogation. The
applicant has no criminal history and he is languishing in jail since
BAIL No. 15364 of 2026
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06.11.2025. 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 State Law Officer 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- Raju, 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
bond executed by him.
BAIL No. 15364 of 2026
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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, Mau 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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