Allahabad High Court

NIRMAL KUMARversusSTATE OF U.P.

Decided: 15 September 2026
Bench: SAMEER JAIN

Holding

The court held that, in view of the lack of weapon, intoxication, and parity with a co‑accused already bailed, the applicant is entitled to bail.

Summary

The High Court considered a bail application filed by Nirmal Kumar, who was charged under Sections 103(1), 238 and 3(5) of the Indian Penal Code for alleged murder. The applicant argued that the FIR allegations were false, the informant was not an eye‑witness, and CCTV footage showed only a fist‑and‑kick assault without any weapon. The prosecution highlighted the post‑mortem findings of fractured ribs, suggesting a possible murder. The court noted that the co‑accused Atul had already been released on bail and that the applicant had no prior criminal record and had been in custody for over seven months. Weighing the lack of weapon, intoxication of the parties, and the absence of clear intent to kill, the court granted bail with standard conditions.

Issues considered

Whether the applicant is entitled to bail despite the murder charge and post‑mortem findings
Whether the absence of a weapon and alleged intoxication negate the intention to commit murder
Whether the applicant's custody period and lack of prior criminal record justify bail

Legislation cited

Indian Penal Code — s. 103, 238, 3(5)

Subjects

bail
murder
assault
post‑mortem
CCTV evidence
intoxication
criminal history
Section 105 BNS

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 26245 of 2026

Nirmal Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)

Counsel for Applicant(s) : Ashok Malaviya
Counsel for Opposite Party(s) : Aman Patel, G.A., Neeraj Singh Yadav

Court No. - 65
HON'BLE SAMEER JAIN, J.

1. Heard Sri Ashok Malaviya, learned counsel for the applicant, Sri Aman
Patel, learned counsel for the informant and Dr. S. B. Maurya, learned AGA
for the State.

2. The instant bail application has been filed seeking release of the applicant
on bail in Case Crime No. 22 of 2026, under Sections 103(1), 238, 3(5)
BNS, Police Station Kachhwa, District Mirzapur, during pendency of the
trial.

3. Learned counsel for the applicant submits, however applicant is named in
the FIR alongwith five other accused and according to the FIR applicant and
other accused had taken the deceased and thereafter one co-accused Sachin
informed the informant that they have committed murder of the deceased but
entire allegations levelled against the applicant are totally false.

4. He next submits, admittedly informant of the case was not the eye-
witness. He further argued, during investigation the investigating officer
procured a CCTV footage of the alleged incident which has been annexed
alongwith supplementary affidavit and however from its perusal it reflects,
applicant alongwith co-accused Atul was beating the deceased but it reflects,
both the accused did not use any weapon and it reflects, they were beating
him through kick and fist and considering this fact and the postmortem
report of the deceased prima facie present case does not travel beyond
Section 105 BNS.

5. He next submits, even co-accused Atul@Atal Satte has been released on
bail by this Court vide order dated 7.8.2026 passed in Crl. Misc. Bail
Application No. 13339 of 2026 and case of applicant is at par with him.

6. He further argued, applicant is not having any criminal history and in the
present matter he is in jail since 10.02.2026 i.e. for last more than seven
months.
BAIL No. 26245 of 2026
2

7. Per contra, learned AGA as well as learned counsel for the informant
opposed the prayer for bail and submit, from the postmortem report it
reflects, number of ribs of the deceased were found fractured and therefore it
cannot be said that it is not a case of murder. They further submit,
considering the postmortem report of the deceased and the footage of the
CCTV prima facie it cannot be said that applicant is innocent and therefore
instant bail application may be dismissed.

8. I have heard both the parties and perused the record of the case.

9. However, from the CCTV footage of the alleged incident it reflects,
applicant and co-accused Atul were making assault upon the deceased but it
reflects, no weapon was used by them.

10. Further, even from the record of the case it reflects, accused and
deceased had consumed liquor and they were under intoxication.

11. Further, however postmortem report suggests, deceased sustained four
injuries but two injuries were minor and however postmortem further
suggests that ribs of the deceased were also found fractured but considering
the overall facts and circumstances of the case, this Court finds merit in the
argument advanced by learned counsel for the applicant that prima facie at
this stage it cannot be said that applicant was having any intention to commit
murder of the deceased.

12. Further, even co-accused Atul @ Atal Satte has been released on bail by
this Court and case of applicant is at par with him.

13. Further, even applicant is not having any criminal history and in the
present matter he is in jail since 10.02.2026 i.e. for last more than seven
months.

14. Therefore, considering the facts and circumstances of the case discussed
above, in my view, applicant is entitled to be released on bail.

15. Accordingly, without expressing any opinion on the merits of the case,
the instant bail application is allowed.

16. Let the applicant-Nirmal Kumar, be released on bail in the aforesaid
case on 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 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 applicant shall not indulge in any criminal and anti-social activity.
BAIL No. 26245 of 2026
3

17. 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.

18. 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.
September 16, 2026
Ankita
(Sameer Jain,J.)

Digitally signed by :-
ANKITA SRIVASTAVA
High Court of Judicature at Allahabad

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