DALVEER SINGHversusSTATE OF U.P.

                HIGH COURT OF JUDICATURE AT ALLAHABAD

          CRIMINAL MISC. BAIL APPLICATION No. - 32971 of 2026

Dalveer Singh
                                                               .....Applicant(s)
                                    Versus
State of U.P.
                                                          .....Opposite Party(s)

Counsel for Applicant(s)        :   Amit Kumar Agrahari, Sr. Advocate, Umesh
                                    Chandra Shukla, Vimal Kumar Pandey
Counsel for Opposite Party(s)   :   Deepak Dubey, G.A.

Court No. - 66
                 HON'BLE ARUN KUMAR SINGH DESHWAL, J.

1. Heard Sri Amit Daga, learned Senior Advocate assisted by Sri Amit
Kumar Agrahari, learned counsel for the applicant, Sri Deepak
Dubey, learned counsel for the first informant and Sri Bhupendra Pal
Singh, learned A.G.A. for the State and perused the record.

2. The instant bail application has been filed with a prayer to release
the applicant on bail in Case Crime No. 198/2025, under sections
140(1), 191(2), 193(3), 115(2), 311, 190, 61(2), 351(3), 352, 117(2) of
Bharatiya Nyaya Sanhita, 2023, Police Station-Sidhpura District-
Kasganj, during the pendency of the trial.

3. This is a second bail application.

4. First bail application no.1340 of 2026 was rejected by this court on
28.01.2026.

5. Contention of learned counsel for the applicant is that in the FIR as
well as in the statement of the injured, allegation has been made
against the applicant as well as co-accused for abducting and
thereafter beating him mercilessly. It is further submitted that
subsequent to rejection of the bail application of the applicant, co-
accused Kripal @ Jhabbu, having similar role to that of the applicant
have been released on bail in bail application no.42421 of 2025 by
the coordinate Bench of this Court on 05.05.2026 and this order was
challenged by the first informant before the Apex Court through SLP
No.42697 of 2026 and the Hon'ble Apex Court instead of setting
aside the bail order granted liberty to the first informant to move bail
cancellation application before the High Court in case of any violation
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of condition. It is further submitted that apart from the co-accused
Kripal @ Jhabbu, the co-accused, Rajeev Yadav and Harshit, have
also been released on bail by the coordinate Bench of this Court in
bail application nos.19010 of 2026 and 39501 of 2025, subsequent to
the present bail application. Therefore, being on similar footing, the
applicant is also entitled to be released on bail. It is further submitted
that the applicant has explained the criminal history of one case in the
accompanying affidavit. It is further submitted that charge sheet has
been filed in the present case, therefore, there is no requirement of
custodial interrogation. The applicant is languishing in jail since
26.09.2025. In case, he is granted bail, he will not misuse the liberty
of bail and would cooperate in the trial proceedings.

6. Per contra, learned counsel for the first informant and learned
A.G.A. have vehemently opposed the prayer for bail and submitted
that while granting bail the coordinate Bench has not consider the
overview of the CCTV footage mentioned in the case diary and other
co-accused were also released on the ground of parity with Kripal @
Jhabbu but could not dispute the fact that the Hon'ble Apex Court did
not interfere in the bail granted to Kripal @ Jhabbu.

7. Considering the aforesaid submission and taking into account that
the co-accused, Kripal @ Jhabbu, Rajeev Yadav and Harshit, have
been released on bail by a coordinate Bench of this Court
subsequent to the order on the first bail application of the applicant,
coupled with the fact that the Hon'ble Apex Court did not interfere
with the bail order of the co-accused Kripal @ Jhabbu, granted by this
court and keeping in view the nature of offence, evidence, complicity
of the accused and taking into account overcrowded jails and heavy
pendency of criminal cases before the trial courts as well as
considering the mandate of the judgement of the Apex Court in the
case of Kapil Wadhawan vs Central Bureau of Investigation
reported in 2025 SCC OnLine SC 3038 as well as guideline of this
Court in the case of Maya Tiwari Vs. State of U.P. reported in 2024
SCC Online All 6765 regarding grant of bail and without expressing
any opinion on the merits of the case, I am of the opinion that the
applicant is entitled to be enlarged on bail. Accordingly, the present
application is allowed.

8. Let the applicant- Dalveer Singh, involved in the aforementioned
crime be released on bail, on his furnishing a personal bond and two
sureties each in the like amount, to the satisfaction of the court
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concerned, with the following conditions:-

i. 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.

ii. The applicant shall cooperate in the trial/investigation sincerely
without seeking any adjournment.

iii. The applicant shall not indulge in any criminal activity or
commission of any crime after being released on bail.

iv. The applicant shall attend in accordance with the conditions of the
bond executed by him.

9. In case of breach of any of the above conditions, it shall be a
ground for cancellation of bail.

10. Identity, status and residence proof of the applicant and sureties
be verified by the court concerned before the bonds are accepted.

11. Verification of mobile number and Aadhaar card of the applicant
as well as sureties should be verified by the court concerned.

12. It is made clear that the applicant shall be released on the basis
of computer generated copy of this order, downloaded from the
official website of High Court Allahabad and verified by the concerned
counsel with the undertaking that the certified copy will be filed within
15 days.

13. It is further directed that the trial court shall send the release order
to the concerned jail through Bail Order Management System
(BOMS) to ensure early release of the applicant.

14. Office is directed to send a copy of this order to the applicant
through Kasganj Jail Superintendent via e-mail or on e-prison
portal and Trial Court via e-mode within 24 hours in compliance of the
order of the Apex Court in the case of Policy Strategy for Grant of
Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on
31.01.2023 reported in (2024) 10 SCC 685 as well as Pila Pahan @
Peela Pahan and others Vs. State of Jharkhand and another, in
Writ Petition (Criminal) No. 169 of 2025, decided on 29.05.2026.
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                                    15. In case, the applicant failed to appear before the court below for
                                    framing of charge then the applicant is free to file bail cancellation
                                    application before this Court.

                                    September 23, 2026
                                    S.C.
                                                                             (Arun Kumar Singh Deshwal,J.)




Digitally signed by :-
SHUBHAM CHAURASIA
High Court of Judicature at Allahabad