Allahabad High Court
ABHINAYversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
The High Court considered a bail application filed by Abhinay, who was implicated in Crime No.143 of 2026 under several IPC sections, though his name was not originally in the FIR and no specific role or weapon was linked to him. The applicant argued that he was falsely implicated and had no involvement in the fatal head injury identified in the post‑mortem report. The State opposed bail but could not refute the claim that the applicant was not named in the FIR. The Court, taking into account the nature of the offences, the lack of concrete evidence, the problem of overcrowded jails, and the guidelines laid down by the Supreme Court in Kapil Wadhawan v CBI, Maya Tiwari v State of U.P., and the Suo Motu bail policy, decided that bail was appropriate. Accordingly, the bail application was allowed subject to a personal bond, two sureties and specific conditions. The order also directed verification of identity documents and electronic transmission of the release order to the jail.
Issues considered
- Whether the applicant, who was not named in the FIR and lacks specific evidentiary linkage to the crime, is entitled to pre‑trial bail.
- Whether the nature of the offences and the evidence presented justify continued detention despite overcrowded prisons.
Legislation cited
- Indian Penal Code — s. 103(1), 115(2), 127, 140(1), 190, 191(2), 3(5), 61(2)
Subjects
- bail
- pre‑trial detention
- Indian Penal Code
- overcrowded prisons
- Supreme Court guidelines
- false implication
- investigation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 16792 of 2026
Abhinay
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajiv Sisodia
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Rajiv Sisodia, learned counsel for the applicant, Sri D.P.S.
Chauhan, learned A.G.A. 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.143 of 2026, under
Sections 190, 191(2), 103(1),115(2),140(1),127, 3 (5), 61 (2) of B.N.S.
Police Station- Chandpur, District Bijnor.
3. Contention of learned counsel for the applicant is that the applicant was
not named in the FIR. Subsequently his name was surfaced during
investigation though no specific role has been assigned to the applicant. It is
further submitted that as per post mortem report of the deceased, he
sustained one head injury and three simple injuries. One head injury found to
be fatal and no specific role has been assigned to the applicant to cause that
injury and even no weapon has been recovered on his pointing out and the
same was recovered on the pointing out of the co-accused Nikarant and
Sajeet, therefore, the applicant has been falsely implicated merely on the
basis of apprehension and doubt. It is lastly submitted that the applicant has
explained the criminal history of one case in the accompanying affidavit and
he is languishing in jail since 31.03.2026. In case, he is granted bail, he will
not misuse the liberty of bail and would cooperate in the trial proceedings.
4. On the other hand, learned A.G.A. for the State opposed the prayer for
bail but could not dispute the aforesaid fact.
5. Considering the entire facts and circumstances of the case, submissions of
BAIL No. 16792 of 2026
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learned counsel for the parties 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 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.
Accordingly, the present application is allowed.
6. Let the applicant- Abhinay 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.
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.
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
BAIL No. 16792 of 2026
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early release of the applicant.
11. Office is directed to send a copy of this order to the applicant through
Bijnor 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.
12. Application, if any, stands disposed of.
May 18, 2026
A.Kr.
(Arun Kumar Singh Deshwal,J.)
Digitally signed by :-
AJAY KUMAR
High Court of Judicature at Allahabad
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