Allahabad High Court
GAURAV SINGHversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The accused is entitled to bail and the application is allowed.
Summary
The High Court considered a bail application filed by Gaurav Singh, who was in custody for offences under Sections 305(a), 317(2) and 331(3) of the Indian Penal Code arising from an alleged theft. The applicant argued that his name was identified only through a co‑accused’s statement and that he has six pending criminal cases, two of which he is already on bail. The State opposed the bail, citing the seriousness of the charges and the applicant’s criminal history. The Court, after reviewing the submissions, concluded that the identification of the applicant from a co‑accused’s statement suffices to grant bail without delving into the merits of the case. Accordingly, the Court ordered his release on personal bond and two sureties, invoking Supreme Court precedents on bail policy, and directed him to cooperate with the judicial process.
Issues considered
- Whether an accused whose identity is derived from a co‑accused’s statement is entitled to bail despite a pending criminal history.
- Whether bail can be granted without examining the merits of the underlying offences.
- How the Supreme Court’s recent bail guidelines (Girish Gandhi v. State of UP and Policy Strategy for grant of bail) apply to the present case.
Legislation cited
- Indian Penal Code — s. 305(a), 317(2), 331(3)
Subjects
- bail
- criminal procedure
- Indian Penal Code
- Section 305
- Section 317
- Section 331
- Supreme Court precedent
- criminal history
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32295 of 2026
Gaurav Singh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Anil Kumar Mishra, Om Prakash
Pathak
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Anil Kumar Mishra, learned counsel for accused applicant
and learned A.G.A. for State.
1A. Learned counsel for the applicant hands up the supplementary
affidavit explaining the criminal history, the same is taken on record.
2. The present bail application has been moved by the applicant/ accused-
Gaurav Singh to enlarge him on bail in Case Crime No. 139 of 2026,
under Sections 305(a), 317(2), 331(3) BNS, P.S.- Biwar, District-
Hamirpur, during the pendency of trial.
3. It is the contention of learned counsel for applicant that the accused
applicant has been implicated in the FIR dated 19.07.2026 lodged by the
informant with the allegation against co-accused that he has entered the
house of informant to commit theft. It is further contended that the name
of accused/applicant has been figured out from the statement of co-
accused. The accused/applicant has criminal history of six cases, wherein
in two cases he is on bail and in four cases, the investigation is continuing
and he has not been arrested. The accused applicant is languishing in jail
since 20.07.2026. He seeks to be enlarged on bail.
4. Learned A.G.A. for State and learned counsel for the informant have
opposed the prayer for bail.
5. This Court has taken into consideration the rival submissions made by
BAIL No. 32295 of 2026
2
learned counsel for the parties and perused the record.
6. Considering that the name of accused/applicant has been figured out
from the statement of co-accused, the accused/applicant is entitled to be
released on bail.
7. Hence, without touching merit of the case, the bail application is
allowed.
8. The accused/applicant 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 court concerned in view of observation made by the
Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar
Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in
re [(2024)10SCC 685].
9. The accused-applicant shall cooperate in judicial process for fair and
speedy disposal.
(Avnish Saxena,J.)
September 18, 2026
Abhishek Sri.
Digitally signed by :-
ABHISHEK RANJAN SRIVASTAVA
High Court of Judicature at Allahabad
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