Allahabad High Court
MANOJ KUMARversusSTATE OF U.P.
- Decided
Holding
The court held that the applicant is entitled to bail.
Summary
Manoj Kumar, the husband of a murder victim, applied for bail in a trial concerning the killing of his wife and her daughter. The prosecution alleged that six persons, including the accused, shot the deceased, while the applicant claimed he was falsely implicated and was not present at the scene. The applicant highlighted that a co-accused had already been granted bail, arguing parity, and noted that a charge sheet had been filed, removing the need for custodial interrogation. The State opposed bail but did not dispute the facts. Relying on Supreme Court precedents (Kapil Wadhawan v. CBI, Maya Tiwari v. State of U.P., and the Suo Motu bail policy) and considering jail overcrowding, the court granted bail with standard conditions.
Issues considered
- Whether bail should be granted to the accused in a murder case despite the seriousness of the charges.
- Whether the principle of parity with a co-accused who obtained bail mandates granting bail to the applicant.
- Whether the filing of a charge sheet eliminates the necessity for custodial interrogation for bail.
- How recent Supreme Court guidelines on bail should be applied to the present case.
Legislation cited
- B.N.S. — s. 61
- Indian Penal Code — s. 103, 115, 351
Subjects
- bail
- murder
- Indian Penal Code
- parity
- overcrowded jails
- Supreme Court precedent
- charge sheet
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 16856 of 2026
Manoj Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Himanshu Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Himanshu Mishra, learned counsel for the applicant, Sri
Roshan Kumar 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. 305 of 2025, under
Sections 103 (1), 115(2), 351(3), 61(2) B.N.S and Police Station-
Fatehabad, District-Agra.
3. Contention of learned counsel for the applicant is that as per
prosecution case, the FIR was lodged with the allegations that six named
persons have shot dead the deceased while she was returning from the
District Court, Agra along with her daughter Mohini after attending the
court proceeding regarding matrimonial dispute between the deceased and
the present applicant.
4. Learned counsel for the applicant has submitted that Mohini, in her
statement recorded during investigation, made specific allegation that the
co-accused Krishna, one of the assailants fired upon the deceased (mother
of the informant) then she also cried and asked the assailant, why Krishna,
you are doing this, therefore, it was Kirshna who was assigned the role of
firing. It is further submitted that the applicant has been falsely implicated
merely because he is the husband of deceased though he was not present
at the time of incident. It is further contended that co-accused Jogendra
Singh has already been granted bail by a co-ordinate Bench of this Court
BAIL No. 16856 of 2026
2
in Criminal Misc. Bail Application No.41592 of 2025 vide order dated
26.11.2025. Therefore, the applicant is entitled to be released on bail on
the ground of parity. The applicant has explained the criminal history of
one case and he is in jail since 29.04.2026. It is lastly submitted that
charge sheet has been filed by the police, therefore, there is no
requirement for custodial interrogation. 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- Manoj Kumar 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
BAIL No. 16856 of 2026
3
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.
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
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.
13. Application, if any, stands disposed of.
(Arun Kumar Singh Deshwal,J.)
May 18, 2026
A.Kr.
Digitally signed by :-
AJAY KUMAR
High Court of Judicature at Allahabad
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