Allahabad High Court

OMVEER AND ANOTHERversusSTATE OF U.P.

Decided: 7 September 2026
Bench: JAI PRAKASH TIWARI

Holding

Bail was granted to applicant no.2 (Kishanpal alias Kushanpal) subject to personal bond, sureties and conditions.

Summary

The High Court considered a bail application (Criminal Misc. Bail Application No. 23922 of 2026) filed by Omveer and Kishanpal alias Kushanpal, who were accused in a case under IPC sections 310(2), 317(3) and 61(2). The applicants claimed innocence, argued that the FIR named unknown persons and that the recovery alleged against them was false, and highlighted that co-accused had already been granted bail. The State opposed bail but did not dispute these contentions. After reviewing the facts, the Court, without opining on the merits, found the case fit for bail and ordered the release of Kishanpal on personal bond and two sureties, imposing standard conditions. The order clarified that the observations were limited to bail and would not affect the trial's merits.

Issues considered

Whether bail should be granted to the accused Kishanpal alias Kushanpal despite the serious nature of the charges under IPC sections 310, 317 and 61.
Whether the applicant's criminal history and current incarceration preclude the grant of bail.

Legislation cited

Indian Penal Code — s. 310(2), 317(3), 61(2)

Subjects

bail
Indian Penal Code
criminal procedure
sureties
conditions of bail
presumption of innocence

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 23922 of 2026

Omveer And Another
.....Applicant(s)
Versus

State of U.P.
.....Opposite
Party(s)

Counsel for Applicant(s) : Mohd Adil, Tarun Pratap Singh
Counsel for Opposite Party(s) : G.A.

Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.

Heard Sri Tarun Pratap Singh, learned counsel for the applicants, learned A.G.A. and
perused the record.

The applicants are involved in Case Crime No. 129 of 2026, under Sections 310(2),
317(3), 61(2) BNS, Police Station -Islam Nagar, District Budaun.

As per compliance affidavit filed on behalf of the State, applicant no. 1 Omveer was
died on 24.07.2026 (Annexure No. C.A.-1 to the counter affidavit).

Learned counsel for the applicants has submitted that the applicants are innocent and
have been falsely implicated in the present case. It is next submitted that the applicants
are not named in the FIR. The FIR has been lodged against the unknown persons and
their names came into the light during the course of investigation. It is further
submitted that a false recovery has been shown from the possession of the applicants.
There is no independent public witness of the alleged recovery. Co-accused of the
applicants namely Deepak Manoj, Bhure @ Bhura and Tejpal have been granted bail
by this Court vide order dated 31.8.2026 passed in Criminal Misc. Bail Application
No. 23931 of 2026. There are criminal history of eight cases against the applicant no.
2. The applicant no. 2 is in jail since 27.05.2026. Therefore, the applicant no. 2-
namely Kishanpal alias Kushanpal is entitled for bail. Learned counsel for the
applicants has further submitted that if the applicant no. 2 is released on bail, the
applicant would not misuse liberty of bail and is ready to co-operate in the trial.

Learned A.G.A. has opposed the prayer for bail but he has not disputed the above
contention made by the learned counsel for the accused-applicants.
BAIL No. 23922 of 2026
2

Considering the facts and circumstances of the case, perusing the record and also
considering the nature of allegations, arguments advanced by the learned counsel for
the parties and without expressing any opinion on the merit of the case, I find it to be a
fit case for granting bail. Accordingly, the bail application is allowed.

Let applicant no. 2 namely Kisanpal alias Kushanpal be released on bail in the
aforesaid case crime number on furnishing a personal bond and two reliable sureties of
the like amount to the satisfaction of the court concerned subject to following
conditions, which are being imposed in the interest of justice:-

(i) The applicant shall appear before the trial court on the dates fixed, unless his
personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

(iii) The applicants shall not indulge in any criminal and anti-social activity.

In case of breach of any of the above condition, the prosecution will be at liberty to
move an application before this Court for cancellation of the bail of the applicant no.
2.

It is clarified that the observations made herein are limited to the facts brought in by
the parties pertaining to the disposal of bail application and the said observations shall
have no bearing on the merits of the case during trial.

(Jai Prakash Tiwari,J.)
September 8, 2026
Brijesh

Digitally signed by :-
BRIJESH KUMAR
High Court of Judicature at Allahabad

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