Allahabad High Court
CHANDAN SINGHversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to be enlarged on bail.
Summary
The High Court considered a bail application filed by Chandan Singh, who is charged under multiple sections of the Uttar Pradesh B.N.S. and Section 27 of the Arms Act in Crime No. 17 of 2026. The applicant argued that he was falsely implicated, that no specific role or weapon was linked to him, and that co‑accused Vipin and Naresh, who are similarly situated, had already been released on bail. The State opposed bail but did not dispute the parity argument. Relying on the principle of parity, the lack of incriminating material, the need to decongest jails, and Supreme Court precedents (Kapil Wadhawan v. CBI, 2025 and Policy Strategy for Grant of Bail, 2024), the Court held that the applicant was entitled to bail. Accordingly, the bail application was allowed subject to standard conditions and verification procedures.
Issues considered
- Whether the applicant is entitled to bail despite the serious charges under the B.N.S. and Arms Act.
- Whether parity with co‑accused who have been granted bail warrants granting bail to the applicant.
- Whether the absence of incriminating material and the lack of need for custodial interrogation justify bail.
- Whether the Supreme Court judgments on bail policy are applicable to this case.
Legislation cited
- Arms Act — s. 27
- U.P. B.N.S. — s. 103(1), 115(2), 126(2), 190, 191(1), 191(2), 191(3), 3(5), 351(3)
Subjects
- bail
- criminal procedure
- parity
- overcrowded prisons
- Arms Act
- U.P. B.N.S.
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15556 of 2026
Chandan Singh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Jitendra Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Jitendra Singh, learned counsel for the applicant, Sri D.P.S.
Chauhan, learned A.G.A. for the State and perused the record.
2. This application has been filed with a prayer to release the applicant on
bail during the trial in in Case Crime No. 17 of 2026, under section
103(1), 115(2), 351 (3), 126 (2), 191 (1), 191 (2), 191 (3), 190 and 3 (5)
of B.N.S. and section 27 of Arms Act, P.S.- Gadhiya Rangeen, District-
Shahjahanpur.
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 in the FIR, specific allegation of causing firearm
injury has been made against the co-accused Pradeep, Sanjeet and Surjeet,
subsequently, the eye-witness as well as the injured made specific
allegation for causing firearm injury against accused Sanjeet and Surjeet.
No specific role has been assigned to the applicant for causing any injury
to the deceased. No weapon has been recovered on pointing out of the
applicant. The applicant has been falsely implicated though there is no
incriminating material against him. He further submitted that co-accused
Vipin and Naresh, having similar role to that of the applicant, have been
enlarged on bail by this Court in Criminal Misc. Bail Application
No.12121 of 2026 and 12989 of 2026 vide order dated 09.01.2026 and
20.04.206. Therefore, the applicant is also entitled to be released on bail
on the ground of parity. The applicant has no criminal history and he is in
jail since 27.03.2026. It is lastly submitted that charge sheet has been filed
BAIL No. 15556 of 2026
2
by the police, therefore, there is no requirement for custodial
interrogation. In case the applicant is released on bail, he will not misuse
the liberty of bail and would cooperate in the trial proceedings.
4. Per contra, learned A.G.A. vehemently opposed the prayer for bail but
could not dispute the parity of the applicant with co-accused Vipin and
Naresh, who have been enlarged on bail by this Court.
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 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 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- Chandan 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
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. 15556 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 as well as Aadhaar Card of the applicant
and sureties should also be conducted by the court concerned.
9. It is made clear that the applicant shall be released on the basis of
downloaded copy of this order 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.
10. It is 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.
11. Office is directed to send a copy of this order to the applicant through
Shahjahanpur 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.
(Arun Kumar Singh Deshwal,J.)
May 7, 2026
A.Kr.
Digitally signed by :-
AJAY KUMAR
High Court of Judicature at Allahabad
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