Allahabad High Court
KOMALversusSTATE OF UP
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that, on a prima facie basis, the applicant is entitled to bail.
Summary
Komal applied for bail in a criminal case (Crime No.133 of 2026) where she was not named in the FIR but was mentioned in a co-accused's confessional statement. The counsel argued that the confessional statement has no evidentiary value, the FIR was filed with a ten‑hour delay, and the only material against her were telephonic conversations, which were contested. The State opposed bail, but the court found the applicant’s arguments credible, noting the lack of direct evidence, the FIR delay, and her clean criminal record. On a prima facie basis, the court concluded that she was entitled to bail. Accordingly, the court ordered her release on bail subject to a personal bond, two sureties, and standard conditions not to tamper with evidence or intimidate witnesses.
Issues considered
- Whether bail can be granted when the accused is not named in the FIR but is mentioned in a co-accused's confessional statement.
- Whether a delay in filing the FIR is a factor favoring bail.
- Whether telephonic conversations constitute sufficient evidence to deny bail.
- Whether the applicant’s lack of prior criminal history influences the bail decision.
Subjects
- bail
- criminal procedure
- confessional statement
- FIR delay
- prima facie
- sureties
- telephonic evidence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31705 of 2026
Komal
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Akansha Verma, Deepak Kumar Verma
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.16 out of 172 T.C.)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Deepak Kumar Verma, 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.133 of 2026, under Sections
103(1), 3(5), 61(2), 238क B.N.S., Police Station Shivli, District Kanpur
Dehat, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is not
named in the FIR. Her name has come up in the confessional statement of
the co-accused Sagar only, which has no evidentiary value in the eyes of
law. The only evidence garnered by the Investigating Officer was the
telephonic conversations between the applicant and the deceased, and the
promiscuity of the applicant has been questioned on the basis of the said
conversations, but the said allegations are false. The FIR is delayed by about
ten hours, and there is no explanation of the said delay caused. The applicant
has no criminal history and is in jail since 05.04.2026. She undertakes to
cooperate with the trial and not misuse the liberty of bail.
5. 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.
BAIL No. 31705 of 2026
2
6. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the delay in the institution of the FIR and the fact that the
name of the applicant has come up in the confessional statement of the co-
accused, which has no evidentiary value in the eyes of law, 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.
7. Let the applicant- Komal, 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 she shall not tamper with evidence or intimidate witnesses and shall
appear before the trial court as required.
8. 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
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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