Allahabad High Court
EBAL SINGHversusSTATE OF U.P.
- Decided
Holding
The bail application was dismissed; the applicant was not entitled to bail.
Summary
The applicant, Ebal Singh, sought bail in a criminal case (Cr. No. 640 of 2022) involving charges of rioting, criminal force, criminal misappropriation, voluntarily causing hurt, attempt to murder and murder under Sections 147, 148, 452, 323, 307 and 302 of the IPC. He had been in jail for four years, and his counsel argued that no witness had yet been examined and that the injuries to the deceased were not on vital parts, contending that he would cooperate with the investigation if released. The State opposed bail, emphasizing that the two deceased suffered fatal head injuries from a hard blunt object, suggesting the applicant’s involvement. The court, after considering the seriousness of the offences and the circumstances, declined to express any view on the merits but decided that bail could not be granted. Consequently, the bail application was dismissed and the trial court was directed to expedite the trial. The decision reflects the court’s cautious approach in granting bail for grave offences where the accused has been in custody for an extended period.
Issues considered
- Whether bail should be granted to the accused in a case involving serious offences including murder, given the length of pre‑trial detention and the nature of the injuries inflicted.
Legislation cited
- Indian Penal Code — s. 147, 148, 302, 307, 323, 452
Subjects
- bail
- Indian Penal Code
- murder
- assault
- pre‑trial detention
- trial acceleration
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 30559 of 2023
Ebal Singh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ajit Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 72
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Rajesh Kumar Vishwakarma, learned counsel for the applicant
and Sri Chandra Shekhar Saran, learned AGA for the State.
2. The present application has been moved seeking bail in Case Crime no.
640 of 2022 under Sections 147, 148, 452, 323, 307, 302 of IPC, Police
Station Quarsi, District Aligarh, with the prayer that in the event of arrest,
applicant may be released on bail.
3. It is contended by learned counsel for the applicant that the applicant is
languishing in jail for the last four years and till date, no witness has been
examined by the learned trial Court. It is further submitted that though, the
applicant has been assigned the specific weapon of iron rod, however, the
deceased have suffered two injuries each on their forehead and the other
injures are not on the vital part. It was also submitted that applicants
undertake to co-operate during trial and they would appear as and when
required by the investigating agency or Court and in case they are granted
bail, they shall not misuse the liberty of bail and would obey all conditions
of bail.
4. On the other hand, learned AGA has opposed the prayer for grant of bail
and submits that since each of the two deceased persons sustained two
injuries on the forehead inflicted by a hard and blunt object, the possibility
cannot be ruled out that these fatal injuries were sustained by the deceased as
a result of an assault committed by the applicant.
5. The applicant along with other co-accused persons are said to have
assaulted the first informant side, as a result of which, two persons of the
first informant side have received two injuries of hard and blunt object on
their forehead and they have died.
BAIL No. 30559 of 2023
2
6. Considering the facts and circumstances of the case, submissions of
learned counsel for the parties, nature of accusation and without expressing
any opinion on merits, this Court is not inclined to grant bail to the
applicant.
7. The bail application is dismissed.
8. Learned trial Court is directed to expedite the trial of the present case and
complete the same as expeditiously as possible.
March 18, 2026
RKM
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
Checking your session…