Allahabad High Court

GENDA SINGH URF GENDA LALversusSTATE OF U.P.

Decided: 14 September 2026
Bench: SAMEER JAIN

Holding

The court held that the applicant is entitled to be released on bail.

Summary

The High Court considered a bail application filed by Genda Singh Urf Genda Lal, who is the father‑in‑law of a deceased woman alleged to have been poisoned. The applicant argued that the allegations against him were false, that the post‑mortem report was inconclusive, and that the primary accused was the deceased’s husband. The State opposed bail but did not dispute the factual submissions. The court noted that the applicant had no prior criminal record and that the evidence pointed to the husband as the prime accused. Consequently, the court granted bail, subject to a personal bond, sureties, and conditions restricting tampering with evidence or committing further offences.

Issues considered

Whether the applicant is entitled to bail under Section 103(1) of the Criminal Procedure Code pending trial.
Whether the applicant's lack of criminal history and the nature of the evidence justify granting bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 103(1)
Indian Penal Code — s. 123

Subjects

bail
Criminal Procedure Code
Indian Penal Code
presumption of innocence
no prior criminal record
evidence

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31306 of 2026

Genda Singh Urf Genda Lal
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Raj Kumar Tripathi
Counsel for Opposite Party(s) : G.A.

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

1. Supplementary affidavit filed by the applicant is taken on record.

2. Heard Sri Raj Kumar Tripathi, learned counsel for the applicant and Sri
R.N. Srivastava, learned AGA, for the State.

3. The instant bail application has been filed seeking release of the
applicant on bail in Case Crime No.144 of 2026, under Sections 103(1),
123 BNS, Police Station Baldev, District Mathura, during pendency of the
trial.

4. Learned counsel for the applicant submits, applicant is father-in-law of
the deceased and on the basis of false allegation he has been roped in the
present matter.

5. He next submits, from the postmortem report it reflects, cause of death
of the deceased could not be ascertained and her viscera was preserved
and however till date viscera report could not be received but there is no
evidence that applicant administered any poisonous substance to the
deceased.

6. He next submits, during investigation a video of the deceased was
recovered and in the video she made allegation against her husband i.e.
co-accused Niranjan Singh and according to her he administered
poisonous substance to her and this fact is evident from the statement of
Head Constable, Vinod Kumar and his statement has been annexed at
BAIL No. 31306 of 2026
2

page-72 of the paper-book.

7. He further submits, it appears, as applicant is father-in-law of the
deceased therefore he has also been made accused in the present matter
alongwith her husband.

8. He further argued, applicant is not having any criminal history and in
the present matter he is in jail since 22.06.2026.

9. Per contra, learned AGA however opposed the prayer for bail but could
not dispute the argument on facts advanced by learned counsel for the
applicant.

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

11. However, applicant is in jail only since 22.06.2026 but from the
statement of the Head Constable, Vinod Kumar it reflects, co-accused
Niranjan Singh, the husband of deceased was the prime accused who
administered the poisonous substance to the deceased.

12. Further, applicant is not having any criminal history.

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

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

15. Let the applicant - Genda Singh Urf Genda Lal 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.
BAIL No. 31306 of 2026
3

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

16. 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.

17. 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.

(Sameer Jain,J.)
September 15, 2026
Shahroz

Digitally signed by :-
SHAHROJ ALAM
High Court of Judicature at Allahabad

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