Allahabad High Court

DEVENDRA SINGHversusSTATE OF U.P.

Decided: 22 September 2026
Bench: JAI PRAKASH TIWARI

Holding

The court held that the applicant is entitled to bail during the trial, subject to standard conditions, without expressing any opinion on the merits of the case.

Summary

The High Court considered a bail application filed by Devendra Singh, who was arrested in connection with a criminal case (Crime No. 342 of 2026) involving alleged offences under Sections 318(4), 338, 336(3) and 340(2) of the Indian Penal Code relating to a forged sale deed. The applicant claimed absolute innocence, asserted that he was a bona‑fide purchaser of the property, and highlighted that a co‑accused had already been released on bail. The State opposed the bail, but the court examined the facts, the applicant’s lack of prior criminal history, and the risk of tampering or intimidation. Concluding that the applicant was entitled to bail during the pendency of trial, the court granted bail without commenting on the merits of the case. The bail was conditioned on a personal bond, two sureties, and specific undertakings to not tamper with evidence, not intimidate witnesses, appear in court, and not commit similar offences.

Issues considered

Whether the applicant is entitled to bail during the pendency of trial for offences under Sections 318(4), 338, 336(3) and 340(2) IPC.
Whether the applicant's claim of innocence, lack of prior criminal record, and the nature of the alleged property‑related offence justify the grant of bail.

Legislation cited

Indian Penal Code — s. 318(4), 336(3), 338, 340(2)

Subjects

bail
criminal procedure
Indian Penal Code
forged sale deed
property dispute
presumption of innocence
conditions of bail
Uttar Pradesh

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32981 of 2026

Devendra Singh
.....Applicant(s)
Versus

State of U.P.
.....Opposite
Party(s)

Counsel for Applicant(s) : Sanjeev Kumar
Counsel for Opposite Party(s) : G.A.

Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.

Supplementary affidavit filed today is taken on record.

Heard learned counsel for the applicant and learned AGA for the State
and perused the record of the case.

The instant application has been filed seeking release of the applicant on
bail in Case Crime No. 342 of 2026, under Sections 318(4), 338, 336(3),
340(2) BNS, Police Station- Hasanpur, District- Amroha, 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 FIR has been lodged with regard
to execution of forged sale deed. 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 present applicant is bona-fide purchaser of the property in question.
The sale deed was executed by another person. A civil suit filed on behalf
of the informant for cancellation of the said sale deed is also pending
before the competent civil court. Co-accused of the applicant namely Smt.
Malwati has already enlarged on bail by this Court vide order dated
3.9.2026 passed in Criminal Misc. Bail Application No. 31140 of 2026.
Criminal history of the applicant has been explained in para '3' of the
supplementary affidavit and he is languishing in jail since 19.07.2026. It
is also submitted that the applicant undertakes that she will not misuse the
BAIL No. 32981 of 2026
2

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.

Accordingly, without expressing any opinion on the merits of the case,
the instant bail application is allowed.

Let applicant, Devendra 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
BAIL No. 32981 of 2026
3

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 23, 2026
Brijesh

Digitally signed by :-
BRIJESH KUMAR
High Court of Judicature at Allahabad

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