Allahabad High Court
NAKULversusSTATE OF U.P.
- Decided
Holding
The Court held that the applicant is entitled to be released on bail.
Summary
The applicant, Nakul, was arrested in connection with a murder despite not being named in the FIR, based on his alleged presence near the deceased's body and a message sent from his sister's phone. The co‑accused, Aniket, confessed to the strangulation, while other co‑accused have already been released on bail, prompting a claim of parity for Nakul. The applicant argued he has no criminal record, the charge sheet is already filed, and there is no need for custodial interrogation. The State opposed bail but did not dispute the factual background. Relying on Supreme Court precedents and the need to decongest jails, the Court granted bail on condition of a personal bond, sureties, and compliance with stipulated conditions.
Issues considered
- Whether the applicant, who was not named in the FIR but was arrested based on alleged involvement, is entitled to bail under the CrPC provisions.
- Whether parity with co‑accused already released on bail warrants granting bail to the applicant.
- Whether the presence of a charge sheet and the applicant's clean record justify bail despite the seriousness of the offence.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 103(1), 137(2), 140(2), 190, 191(2), 238
Subjects
- bail
- murder
- parity
- Criminal Procedure Code
- overcrowded jails
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 30674 of 2025
Nakul
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Abhyudaya Tripathi, Amit Rai, Mohammad
Jamil Akhtar, Shahzad Alam
Counsel for Opposite Party(s) : Amit Kumar, G.A., Manoj Kumar Tripathi,
Parvish Kumar, Vinod Kumar Tirpathi
Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri V.M. Zaidi, learned Senior Advocate, assisted by Ms
Sofia Siddiqui, learned counsel for the applicant, Sri Manoj Kumar
Tripathi, learned counsel for the first informant and Sri Anand Pratap
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 in Case Crime No.67 of 2025, under Sections
191(2), 190, 137(2), 103(1), 238, 140(2) BNS, Police Station Shiwala
Kalan, District Bijnor, during the pendency of the trial.
3. Contention of learned counsel for the applicant is that applicant
was not named in the FIR. Subsequently, the applicant and co-
accused persons were arrested showing their presence near the
dead body of the deceased. It is further submitted that in the
confessional statement of the co-accused, Aniket, he admitted to
strangulate the deceased and the role assigned to the applicant and
other co-accused persons to catch hold of the deceased. It is further
submitted that applicant has been falsely implicated in this case only
on the basis that applicant has sent a message for ransom from his
sister's mobile phone but the role of strangulation has been
specifically assigned to the co-accused, Aniket. It is further submitted
that the co-accused, Aniket, Anmol, Akash and Umesh, have already
been released on bail by a coordinate Bench of this Court in Criminal
Misc. Bail Application Nos.31615 of 2025, 26958 of 2025, 43574 of
2025 and 42555 of 2025 vide orders dated 07.10.2025, 09.10.2025,
10.12.2025 and 03.12.2025. Therefore, the applicant is also entitled
to be released on bail on the ground of parity. It is further submitted
BAIL No. 30674 of 2025
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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 08.05.2025. 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 counsel for the first informant and learned
A.G.A. have 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 the accused and taking
into account overcrowded jails and heavy pendency of criminal cases
before the trial courts as well as considering the mandate of the
judgement of the Apex Court in the case of Kapil Wadhawan vs
Central Bureau of Investigation reported in 2025 SCC OnLine SC
3038 as well as guideline of this Court in the case of Maya Tiwari Vs.
State of U.P. reported in 2024 SCC Online All 6765 regarding grant
of bail 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.
6. Let the applicant- Nakul, 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.
7. In case of breach of any of the above conditions, it shall be a
BAIL No. 30674 of 2025
3
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. Verification of mobile number and Aadhaar card of the applicant as
well as sureties should be verified by the court concerned.
10. 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.
11. 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.
12. Office is directed to send a copy of this order to the applicant
through concerned Jail Superintendent via e-mail or e-prison portal
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.
May 7, 2026
S.C.
(Arun Kumar Singh Deshwal,J.)
Digitally signed by :-
SHUBHAM CHAURASIA
High Court of Judicature at Allahabad
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