Allahabad High Court
SANDEEPversusSTATE OF U.P.
- Decided
Holding
The court held that in the absence of any material directly implicating the applicant and with a charge sheet already filed, the applicant is entitled to bail despite being mentioned in another accused's confessional statement.
Summary
The High Court of Allahabad considered a bail application filed by Sandeep, who was implicated in a murder case (Crime No. 557 of 2025) after his name appeared in the confessional statement of the main accused, Harish Tyagi. The applicant argued that he was not named in the FIR, that there was no material linking him to the crime, and that the charge sheet had already been filed, making custodial interrogation unnecessary. The State opposed the bail but did not dispute the factual background. After reviewing the evidence and the nature of the offence, the court, without expressing an opinion on the merits, concluded that the applicant was entitled to bail. Accordingly, bail was granted subject to a personal bond, two sureties, and specific conditions to prevent tampering with evidence and ensure cooperation with the trial.
Issues considered
- Whether bail can be granted to an accused who is not named in the FIR but is mentioned in a co-accused's confessional statement.
- Whether the existence of a charge sheet and lack of direct evidence against the applicant justify release on bail under Sections 103(1), 123, and 61(2) of the B.N.S.
Legislation cited
- B.N.S. — s. 103(1), 123, 61(2)
Subjects
- bail
- murder
- confessional statement
- criminal procedure
- Section 103(1)
- Section 123
- Section 61(2)
- pre‑trial detention
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 19091 of 2026
Sandeep
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Abhilasha Singh, Ashutosh Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Ms Abhilasha Singh, learned counsel for the applicant, Sri Roshan
Kumar Singh, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed with a prayer to release the
applicant on bail during trial in Case Crime No. 557 of 2025, under Sections
103(1), 123, 61(2) B.N.S., P.S. Muradnagar, District Ghaziabad.
3. Counsel for the applicant submitted that the applicant was not named in
the FIR, wherein the allegation has been made that some unknown persons
have committed the murder of the deceased Mukesh. The name of
the applicant surfaced in the confessional statement of main accused
Harish Tyagi though the main accused confessed to kill the deceased
himself. It is further submitted that the only allegation against the
applicant is that he was aware about the incident in question. It is
further submitted that merely on the basis of recovery of cloth of the
co-accused, the applicant has been falsely implicated, though there is
no material showing the applicant was part of the incident or he was
aware of the incident in question. It is further submitted that the
applicant has explained the criminal history of four cases. It is further
submitted that charge sheet has been filed in the present case,
therefore, there is no requirement of custodial interrogation. The
applicant is a law abiding citizen and he is languishing in jail since
08.11.2025. 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 A.G.A. 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 keeping in view
BAIL No. 19091 of 2026
2
the nature of offence, evidence, complicity of accused 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
bail application is allowed.
6. Let the applicant- Sandeep 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. 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.
10. 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.
11. Office is directed to send a copy of this order to the applicant
through concerned Jail Superintendent via e-mail or on e-prison
portal and Trial Court via e-mode within 24 hours in compliance of the
order of the Apex Court in the case of Policy Strategy for Grant of
BAIL No. 19091 of 2026
3
Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on
31.01.2023 reported in (2024) 10 SCC 685 as well as Pila Pahan @
Peela Pahan and others Vs. State of Jharkhand and another, in
Writ Petition (Criminal) No. 169 of 2025, decided on 29.05.2026.
(Arun Kumar Singh Deshwal,J.)
September 8, 2026
CS/-
Digitally signed by :-
CHANDAN SINGH
High Court of Judicature at Allahabad
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