Allahabad High Court
KISHAN VISHWAKARMAversusSTATE OF U.P.
- Decided
Holding
The court held that the applicant is entitled to be released on bail.
Summary
The applicant, Kishan Vishwakarma, was arrested in connection with a violent incident that resulted in the death of a relative of the first informant. The FIR alleged that the applicant and his family assaulted the informant's elder brother and that the applicant caused a head injury to the informant's daughter, although the daughter’s statements were inconsistent. The applicant argued that the deceased sustained only a single injury, that no eyewitness specifically implicated him, that he has no prior criminal record, and that the charge sheet has already been filed, negating the need for custodial interrogation. The State opposed bail but did not dispute the factual matrix. The court, after considering the nature of the offences, the evidence and the applicant’s personal circumstances, granted bail with a personal bond, two sureties and several conditions, without expressing an opinion on the merits of the case.
Issues considered
- Whether the applicant is entitled to bail pending trial for offences under Sections 103, 109, 115, 131, 351, 352 of the IPC and related provisions.
- Whether the inconsistencies in the statements of the informant and the lack of incriminating material against the applicant justify bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 180, 183
- Indian Penal Code — s. 103(1), 103(3)(5), 109(1), 115(2), 131, 351(3), 352
Subjects
- bail
- criminal procedure
- IPC sections
- pre‑trial liberty
- sureties
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 19435 of 2026
Kishan Vishwakarma
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Amritesh Dwivedi
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Amritesh Dwivedi, 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. 597 of 2025,
under Sections 103(1) 3(5) 109(1), 115(2) 131, 352, 351(3) B.N.S.,
Police Station Gauribazar, District Deoria.
3. Counsel for the applicant submitted that in the FIR allegation has
been made that while the first informant and his brother (deceased)
went to the house of the co-accused person to make a complaint for
the indecent behaviour of the co-accused Mantu with the daughter of
the first informant then the applicant and his family members have
attacked upon the elder brother of the first informant and when the
applicant and her sister-in-law Gunja tried to intervene, then the co-
accused persons have also beaten them. Counsel for the applicant
submitted that as per the post-mortem report, the deceased received
only one injury. He further submitted that neither the first informant
nor the alleged eye-witness Gunja Devi made any specific allegation
against any of the accused persons; subsequently the daughter of the
first informant assigned the specific role of causing head injury to the
present applicant in her statement recorded under Section 180 BNSS
though her statement recorded under Section 183 BNSS is different.
It is further submitted that in the FIR as well as in the statement of the
first informant, it is clearly mentioned that the daughter of the first
BAIL No. 19435 of 2026
2
informant Chilbuli was not present at the time of incident, therefore,
her statement is not reliable. It is further submitted that no
incriminating material found on pointing out of the applicant. It is
further submitted that the applicant has no criminal history. 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 04.01.2026. 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
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- Kishan Vishwakarma 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.
BAIL No. 19435 of 2026
3
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, 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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