Allahabad High Court
NARESH NISHADversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to bail.
Summary
The Allahabad High Court considered a bail application filed by Naresh Nishad, who is charged under Sections 302 and 504 IPC for allegedly scuffling with and threatening to kill the deceased, whose body was later found. The applicant argued that there is no eye‑witness, no weapon recovered, and that the first informant’s statement was based on doubt, further noting his prior acquittal in a separate case and that a co‑accused had already been granted bail, invoking parity. The State opposed bail but could not refute the factual contentions. Relying on the Supreme Court’s guidelines in Kapil Wadhawan v CBI (2025) and Maya Tiwari v State of U.P. (2024), as well as the policy on bail and the issue of jail overcrowding, the Court held that the applicant is entitled to bail. Accordingly, bail was granted subject to a personal bond, two sureties and specific conditions, and the application was disposed.
Issues considered
- What is the appropriate ground for granting bail to an accused in a murder case (IPC 302) where there is no eye‑witness or material linking the accused to the crime?
- Does the principle of parity with a co‑accused who has been granted bail justify granting bail to the applicant?
- Should considerations of jail overcrowding and Supreme Court bail policy influence the decision to grant bail?
Legislation cited
- Indian Penal Code — s. 302, 376, 500, 504, 511
Subjects
- bail
- murder
- IPC 302
- evidentiary insufficiency
- parity
- jail overcrowding
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 16815 of 2026
Naresh Nishad
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Krishna Shankar
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Krishna Shankar, learned counsel for the applicant, Sri
Bhupendra Pal Singh, 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. 218 of 2023, under
Sections 302, 504 1.P.C., Police Station- Sajti, District-Kanpur Nagar.
3. Contention of learned counsel for the applicant is that in the FIR the
allegations have been made that the applicant, on 21.08.2023 at 8.00 p.m.,
scuffled with the deceased and also threatened to kill the deceased.
Thereafter, on the next morning, wife of the deceased (first informant),
found the dead body of the deceased in hut situated in his agricultural land.
4. Learned counsel for the applicant submitted that there is no eye witness of
the incident and he has been falsely implicated along with co-accused
merely on the basis of apprehension and doubts. It is further submitted that
on pointing out of the applicant, no weapon was recovered and there is no
incriminating material against the applicant. It is also submitted that the first
informant was examined as PW 2 before the trial court herself stated in her
statement before the trial court that she has implicated the applicant on the
basis of doubt though no one has seen the incident in question. It is lastly
submitted that the applicant has explained the criminal history of one case,
wherein he has been acquitted by the trial court on 08.11.2023 in Case
Crime No.589 of 2015, under Sections 376, 511, 500 IPC. It is lastly
submitted that co-accused Ravendra @ Gupta has already been granted bail
by a co-ordinate Bench of this Court in Criminal Misc. Bail Application
BAIL No. 16815 of 2026
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No.15932 of 2024 vide order dated 25.04.2024. Therefore, the applicant is
entitled to be released on bail on the ground of parity. The applicant is
languishing in jail since 24.08.2023. In case, he is granted bail, he will not
misuse the liberty of bail and would cooperate in the trial proceedings.
5. On the other hand, learned A.G.A. for the State opposed the prayer for
bail but could not dispute the aforesaid fact.
6. 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 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.
7. Let the applicant- Naresh Nishad 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.
8. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
BAIL No. 16815 of 2026
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9. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
10. Verification of mobile number as well as Aadhaar Card of the applicant
and sureties should also be conducted by the court concerned.
11. 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.
12. Office is directed to send a copy of this order to the applicant through
Mati Jail, Kanpur Dehat, 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
.
13. 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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