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Allahabad High Court

SAJAN SINGHversusSTATE OF U.P.

Decided

Holding

The bail application was allowed, granting bail to the accused without touching the merits of the case.

Summary

The accused, Sajan Singh, filed a bail application in Criminal Case No. 240 of 2026, which arose from an FIR lodged on 1 June 2026 for theft of cash and jewellery. He was later identified through a police disclosure statement after being arrested in an unrelated case. The applicant has a history of 27 criminal cases, is on bail in 24 of them, and has been in custody since 19 June 2026, seeking release pending trial. The State opposed bail but did not contest the factual background. The High Court, after considering the submissions, allowed the bail application without addressing the merits, directing the applicant to furnish a personal bond and two sureties, citing Supreme Court dicta in Girish Gandhi v. State of Uttar Pradesh (2024) and Policy Strategy for Grant of Bail in re (2024). The court also directed the accused to cooperate with the judicial process for a speedy disposal of the case.

Issues considered

  • Whether bail should be granted to an accused identified via a police disclosure statement despite a substantial prior criminal record.
  • Whether the Supreme Court precedents in Girish Gandhi v. State of Uttar Pradesh (2024) and Policy Strategy for Grant of Bail in re (2024) are applicable to the present bail application.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • disclosure statement
  • prior criminal history
  • Supreme Court precedent
  • Indian Penal Code
  • Uttar Pradesh
  • high court

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 28371 of 2026

Sajan Singh
                                                            .....Applicant(s)
                                   Versus

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

Counsel for Applicant(s)                    :   Sandhya Chaturvedi
Counsel for Opposite Party(s)               :   G.A.

Court No. - 69
                    HON'BLE AVNISH SAXENA, J.

1. Heard Ms. Sandhya Chaturvedi, learned counsel for the accused-
applicant and learned A.G.A. for the State.

2. The present bail application has been moved by the accused-applicant
Sajan Singh to enlarge him on bail in Case Crime No. 240 of 2026, under
Sections 331(4), 305(A), 317(2), 317(4) BNS, P.S.- Ajeetmal, District-
Auraiya, during the pendency of trial.

3. It is contended by learned counsel for the accused-applicant that the
F.I.R. has been lodged against the anonymous persons on 01.06.2026 for
the incident of 18.05.2026, with the allegation that there was a theft in the
house of informant, wherein cash and jewellery has been stolen. Further
contended that the name of the accused-applicant has been figured out
when the police has arrested the accused-applicant in another case and on
the basis of disclosure statement, the accused-applicant has been
implicated in this case. Further contended that the recovery of some cash
at the instance of the accused-applicant and other accused. The applicant
has 27 cases criminal history and all the cases have been levelled by the
police against the accused-applicant pertaining to theft. He is on bail in 24
cases, but he could procure the bail orders of 21 cases, as in three cases,
the bail orders are not available and in remaining three cases, the accused-
applicant is in jail. The charge sheet is submitted. The applicant is in jail
since 19.06.2026 and hence, the applicant seeks to be released on bail.

4. Learned A.G.A. for State has opposed the prayer for bail of the
                                                                                            BAIL No. 28371 of 2026
                                                                    2


                                    applicant, but could not dispute the aforesaid facts.

                                    5. This Court has taken into consideration the rival submissions made by
                                    learned counsel for the parties and perused the record.

                                    6. Considered that the name of accused-applicant has been reflected on
                                    the basis of disclosure statement.

                                    7. Hence, without touching merit of the case, the bail application is
                                    allowed.

                                    8. The accused/applicant 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 court concerned in view of observation made by the
                                    Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar
                                    Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in
                                    re [(2024)10SCC 685].

                                    9. The accused-applicant shall cooperate in judicial process for fair and
                                    speedy disposal.



                                                                                            (Avnish Saxena,J.)
                                    September 29, 2026
                                    Shivangi




Digitally signed by :-
SHIVANGI YADAV
High Court of Judicature at Allahabad


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