Allahabad High Court
AJEET SINGHversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail to the applicant, finding a prima facie case for release.
Summary
The High Court considered the bail application of Ajeet Singh in Crime No. 438 of 2026, alleged under Sections 103(1) and 238 of the Indian Penal Code. The applicant claimed absolute innocence, stating he was not named in the FIR and that the evidence against him was false, including a CCTV clip showing him with the deceased at a liquor shop. The State opposed bail, but the court noted the lack of the applicant's name in the FIR and the prima facie weakness of the prosecution's case. Without expressing an opinion on the merits, the court found that the applicant had made out a case for bail. Consequently, bail was granted on personal bond and two sureties, subject to conditions of non‑tampering with evidence, non‑intimidation of witnesses, and appearance before the trial court.
Issues considered
- Whether bail should be granted to the accused under Sections 103(1) and 238 of the IPC when the accused is not named in the FIR and claims innocence.
Legislation cited
- Indian Penal Code — s. 103(1), 238
Subjects
- bail
- Indian Penal Code
- Section 103
- Section 238
- FIR
- presumption of innocence
- sureties
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31628 of 2026
Ajeet Singh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Arvind Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.6 out of 172 T.C.)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Arvind Kumar Dixit, learned counsel for the applicant, Sri
Deepak Kumar Singh, learned A.G.A. for the State and perused the material
placed on record.
3. Applicant seeks bail in Case Crime No.438 of 2026, under Sections
103(1), 238 BNS, Police Station Khair, District Aligarh, during the
pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. The
dead body of the deceased was recovered far away from the place of
occurrence while the last seen evidence, which has been belatedly created, is
of liquor shop, whereby applicant is seen accompanying the deceased person
in the CCTV footage.
5. Learned counsel for the applicant has further argued that the applicant is
stated to have told the sister of the deceased person about the inebriated state
of the deceased person. The applicant is not named in the FIR. The
allegations levelled against the applicant are per se false and he has nothing
to do with the said offence. The applicant has no criminal history and is in
jail since 29.6.2026. He undertakes to cooperate with the trial and not misuse
the liberty of bail.
BAIL No. 31628 of 2026
2
6. Learned A.G.A. has vehemently opposed the bail application but the
submissions raised by the learned counsel for the applicant could not be
disputed.
7. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the fact that applicant is not named in the FIR, and without
expressing any opinion on the merits of the case, prima-facie the Court is of
the view that the applicant has made out a case for bail. The bail application
is allowed.
8. Let the applicant- Ajeet Singh, be released on bail in the aforementioned
case crime on furnishing a personal bond and two sureties to the satisfaction
of the court concerned, subject to verification of sureties, with the conditions
that he shall not tamper with evidence or intimidate witnesses and shall
appear before the trial court as required.
9. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 9, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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