Allahabad High Court
LALIT NAGARversusSTATE OF U.P.
- Decided
- Bench
- SAMEER JAIN
Holding
The applicant is entitled to be released on bail.
Summary
The High Court considered a bail application filed by Lalit Nagar, who was arrested in connection with a murder case (Crime No. 133 of 2026) under Sections 103(1), 3(5), 61(2) and 238(a) of the Indian Penal Code. The prosecution’s case was based solely on the statements of a co‑accused, Sagar Kumar, who implicated the applicant, and a confessional statement of the applicant, with no other corroborative evidence. The applicant’s counsel argued that the evidence was purely circumstantial, the FIR named no one, and the applicant had no prior criminal record and had been in custody since 6 April 2026. The court agreed that, in the absence of any additional material evidence, the prosecution had not made out a prima facie case to deny bail. Consequently, the court ordered the release of the applicant on bail subject to standard conditions.
Issues considered
- Whether bail can be granted when the prosecution’s case rests only on circumstantial evidence and statements of a co‑accused without corroboration
- Whether the applicant’s lack of prior criminal history and duration of custody warrant bail
- Whether the statements of the co‑accused and the applicant’s confessional statement alone suffice to justify denial of bail
Legislation cited
- Indian Penal Code — s. 103(1), 238(a), 3(5), 61(2)
Subjects
- bail
- circumstantial evidence
- co‑accused statement
- Indian Penal Code
- criminal history
- trial pending
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32399 of 2026
Lalit Nagar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Sanjay Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 65
HON'BLE SAMEER JAIN, J.
1. Heard Sri Sanjay Srivastava, learned counsel for the applicant and Sri
Shatruhan Yadav, learned AGA for the State.
2. The instant bail application has been filed seeking release of the applicant
on bail in Case Crime No. 133 of 2026, under Sections 103(1), 3(5), 61(2),
238(a) BNS, Police Station Shivli, District Kanpur Dehat during pendency
of the trial.
3. Learned counsel for the applicant submits, it is a case of circumstantial
evidence and nobody was named in the FIR. He further submits, during
investigation complicity of co-accused Sagar Kumar was revealed and when
he was arrested and his statement was recorded then he disclosed the name
of applicant.
4. He further submits, apart from the statement of co-accused and
confessional statement of applicant, as per prosecution, applicant had several
conversation with co-accused Sagar Kumar and except above evidence there
is no other evidence against the applicant on record.
5. He further submits, in absence of any other corroborative evidence it
cannot be said that applicant involved in the instant crime.
6. He further submits, applicant is not having any criminal history and in the
present matter he is in jail since 06.04.2026.
7. Per contra, learned AGA opposed the prayer for bail but could not dispute
the argument on facts advanced by learned counsel for the applicant.
BAIL No. 32399 of 2026
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8. I have heard learned counsel for the parties and perused the record of the
case.
9. It is a case of circumstantial evidence and nobody was named in the FIR
but it reflects, during investigation through the statement of co-accused
Sagar Kumar complicity of the applicant was revealed.
10. Further, however, as per prosecution, applicant also had several
conversation with co-accused Sagar Kumar but in considered view of this
Court in absence of any other corroborative evidence merely on the basis of
above evidence prima facie it cannot be said that applicant committed the
murder of the deceased along with co-accused Sagar Kumar.
11. Further, applicant is not having any criminal history and in the present
matter he is in jail since 06.04.2026.
12. Therefore, considering the facts and circumstances of the case discussed
above, in my view, applicant is entitled to be released on bail.
13. Accordingly, without expressing any opinion on the merits of the case,
the instant bail application is allowed.
14. Let the applicant - Lalit Nagar 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.
(iii) The applicant shall not indulge in any criminal and anti-social activity.
15. 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.
16. 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
BAIL No. 32399 of 2026
3
said observations shall have no bearing on the merits of the case during trial.
September 18, 2026
AK Pandey
(Sameer Jain,J.)
Digitally signed by :-
ANUPAM KUMAR PANDEY
High Court of Judicature at Allahabad
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