Allahabad High Court
SUBEDAR SINGHversusSTATE OF UP
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The court allowed the bail application, granting bail to the accused during the pendency of the trial.
Summary
The High Court of Allahabad considered a bail application filed by Subedar Singh, who was arrested in connection with a case under Sections 419, 420, 467, 468 and 471 of the IPC. The applicant, a 70‑year‑old illiterate man, claimed he was falsely implicated, had no involvement in the alleged offences, and that no incriminating material was found on him. He argued that his age and health warranted release, and he offered a personal bond with two sureties. The State opposed the bail, but the court, after reviewing the record and the nature of the allegations, decided that bail could be granted without commenting on the merits. The court ordered his release on bail subject to standard conditions, including non‑tampering with evidence and appearance before the trial court. The decision emphasizes the court’s discretion to grant bail pending trial, especially for elderly and infirm accused.
Issues considered
- Whether bail should be granted to an accused charged under Sections 419, 420, 467, 468 and 471 IPC pending trial
- Whether the applicant’s age, health, and lack of incriminating material justify bail
- Whether the conditions imposed are sufficient to safeguard the trial process
Legislation cited
- Indian Penal Code — s. 419, 420, 467, 468, 471
Subjects
- bail
- criminal procedure
- IPC sections 419, 420, 467, 468, 471
- elderly accused
- sureties
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31823 of 2026
Subedar Singh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Brajesh Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
Heard learned counsel for the applicant and learned AGA for the State-
respondent and perused the record of the case.
The instant application has been filed seeking release of the applicant on
bail in Case Crime No. 148 of 2026, under Sections 419, 420, 467, 468,
471 IPC, Police Station- Bhogaon, District- Mainpuri, during pendency
of the trial in the court concerned.
Learned counsel for the applicant submitted that the applicant is
absolutely innocent and has been falsely implicated in the present case
due to some ulterior motive. The present applicant is not named in the
FIR and his name was surfaced in the present matter during the course of
investigation. It is next submitted that applicant is having no concern with
the allegations levelled against him and he has not committed any offence
as alleged by prosecution. It is next submitted that the applicant is not the
beneficiary of any illicit transaction in any manner. Neither applicant has
received any money nor any amount has been credited in his account.
Nothing incriminating material has been recovered from the possession of
the applicant. The applicant is 70 years' old and illiterate person and he is
languishing in jail since 23.5.2026. It is also submitted that the applicant
undertakes that he will not misuse the liberty, if granted. It has also been
pointed out that in the wake of heavy pendency of cases in the Court,
there is no likelihood of any early conclusion of trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Considering the facts and circumstances of the case, perusing the record,
evidence and also considering the nature of allegations, arguments
advanced by the learned counsel for the parties, this Court is of the view
that the applicant is entitled to be enlarged on bail during the pendency of
the trial.
BAIL No. 31823 of 2026
2
Accordingly, without expressing any opinion on the merits of the case,
the instant bail application is allowed.
Let applicant, Subedar Singh be released on bail in the aforesaid case on
his executing a personal bond and furnishing two sureties each in the like
amount to the satisfaction of the court concerned subject to the following
conditions:-
(i). The applicant will not tamper with the evidence during the trial.
(ii). The applicant will not pressurize/ intimidate the prosecution witness.
(iii). The applicant will appear before the trial court on the date fixed,
unless personal presence is exempted.
(iv). The applicant shall not commit an offence similar to the offence of
which he is accused, or suspected, of the commission of which he is
suspected.
(v). 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.
It is further directed that the identity, status and residence proof of the
sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at
liberty to cancel the bail.
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.
(Jai Prakash Tiwari,J.)
September 9, 2026
KK Patel
Digitally signed by :-
KRISHN KANT PATEL
High Court of Judicature at Allahabad
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