Allahabad High Court
DILIP KUMAR PATELversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
The Allahabad High Court considered a bail application filed by Dilip Kumar Patel, accused of murder, kidnapping and conspiracy under IPC sections 302, 364, 201 and 120B. The applicant argued that a co‑accused, Anil Patel, had been released on bail in a similar case, that he had no prior criminal record, that all fact witnesses had already been examined and that there was no risk of evidence tampering. The State opposed bail but did not dispute the factual matrix. Relying on Supreme Court precedents (Kapil Wadhawan v. CBI, Maya Tiwari v. State of U.P.) and the Court’s own guidelines on bail, the judge held that the applicant was entitled to bail, subject to standard conditions. Consequently, the court ordered his release on bail upon furnishing a personal bond and two sureties, with detailed compliance directives.
Issues considered
- The applicability of bail in a case involving murder, kidnapping and conspiracy under sections 302, 364, 201 and 120B IPC.
- Whether parity with a co‑accused who was previously granted bail warrants granting bail to the applicant.
- Whether the absence of prior criminal history and the completion of witness testimony negate the risk of tampering or flight.
- Whether the Supreme Court’s guidelines on bail and concerns of jail overcrowding justify bail in serious offences.
Legislation cited
- Indian Penal Code — s. 120B, 201, 302, 364
Subjects
- bail
- murder
- kidnapping
- conspiracy
- IPC
- Supreme Court guidelines
- jail overcrowding
- parity
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 19183 of 2025
Dilip Kumar Patel
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Prathamesh Upadhyay, Punya Sheel
Pandey, Sushil Kumar
Counsel for Opposite Party(s) : Brij Bhushan Upadhyay, G.A.
Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Dr. C.P. Upadhyay, learned senior counsel assisted by Shri Rohit
Upadhyay, learned counsel for the applicant, Sri Brij Bhushan Upadhyay,
learned counsel for the informant and Shri 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 in Case Crime No. 108 of 2024, under Sections- 302, 364,
201, 120B I.P.C., Police Station- Tharawai, District- Prayagraj , during the
pendency of the trial.
3. Contention of learned counsel for the applicant is that in the FIR the
applicant and Ajay Patel has been nominated as accused with the allegation
that they have forcibly abducted the deceased on 26.4.2024. Thereafter, the
body of the deceased was recovered on 28.4.2024 on pointing out of the co-
accused Anil Patel. It is further submitted that on the basis of the statement of
eyewitness Shiv Prakash Terth and Jangali recorded on 27.4.2025 the co-
accused Anil Patel was arrested and on his pointing out the dead body of the
deceased was recovered. Subsequently the applicant along with the other co-
accused persons were arrested. Learned counsel for the applicant submits
that the role of the applicant is absolutely similar to that of co-accused Anil
Patel, who was released on bail by a coordinate Bench of this Court in
Criminal Misc. Bail Application No. 36440 of 2024 vide order dated
13.11.2024. Therefore, the applicant is also entitled to be released on bail on
the ground of parity. It is further submitted that the applicant has no prior
criminal history and the trial is already going on. It is further submitted that all
the witnesses of fact have already been examined, therefore, there is no
chances of tampering of evidence. The applicant is a law abiding citizen and
he is languishing in jail since 5.5.2025. In case, he is granted bail, he will not
BAIL No. 19183 of 2025
2
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 the nature of offence,
evidence, complicity of the 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.
6. Let the applicant- Dilip Kumar Patel, 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 and Aadhaar card of the applicant as well as
sureties should be verified by the court concerned.
10. It is made clear that the applicant shall be released on the basis of
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3
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.
11. 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.
12. Office is directed to send a copy of this order to the applicant through
concerned 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.
May 5, 2026
Fahad
(Arun Kumar Singh Deshwal,J.)
Digitally signed by :-
FAHAD NIYAZ
High Court of Judicature at Allahabad
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