Allahabad High Court
DALEL SINGHversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
Bail was granted to the applicant under Section 140(4) of the B.N.S.
Summary
The applicant, Dalel Singh, was arrested on 26 May 2025 in connection with Crime No. 154 of 2025 under Section 140(4) of the B.N.S. and has been in custody since then. He claimed false implication, noting that the victim (PW‑3) and two key witnesses (PW‑1 and PW‑2) had turned hostile during trial. The State opposed bail but could not refute the hostility of the prosecution witnesses. The Court observed that the applicant has no prior criminal record and that the prosecution’s case is weakened by the hostile testimonies. Without expressing an opinion on the merits, the Court deemed the circumstances sufficient to grant bail, subject to standard conditions. Accordingly, Dalel Singh was ordered to be released on personal bond and two sureties, with conditions to refrain from tampering with evidence, committing crimes, or intimidating witnesses.
Issues considered
- Whether bail should be granted to the accused under Section 140(4) of the B.N.S. in view of hostile prosecution witnesses and lack of prior criminal record
Legislation cited
- B.N.S. — s. 140(4)
Subjects
- bail
- hostile witnesses
- criminal history
- Section 140(4)
- High Court of Allahabad
- release conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33225 of 2025
Dalel Singh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashish Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 72
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard learned counsel for the applicant, 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. 154 of 2025, under Section 140(4) of
the B.N.S., Police Station- Parikshitgarh, District- Meerut, during the
pendency of the trial.
3. The learned counsel for the applicant contends that the applicant has
been falsely implicated in the present case. The applicant is in jail since
26.5.2025. The trial of the case has commenced and the victim himself
has been examined as PW-3, who has turned hostile and has not
supported the prosecution version. The learned counsel for the applicant
further has stated that PWs-1 and 2, the informant as well as eye-witness
of the case, namely, Birendra Singh and Udai Singh have also been
similarly declared hostile by the prosecution. The applicant has no
criminal history.
4. The learned A.G.A. has opposed the prayer for bail, however, could not
dispute the fact that the prosecution witnesses PWs 1, 2 and 3 have turned
hostile.
5. I have considered the submissions made by the learned counsel for the
parties.
6. The applicant is in jail since 26.5.2025 and is not stated to have any
criminal history. The prosecution witnesses of fact have turned hostile,
including the victim who has been examined as PW-3.
7. Taking into consideration the entire facts and circumstances of the
BAIL No. 33225 of 2025
2
case, as enumerated above, and without expressing any opinion on the
merits of the case, I deem it appropriate to grant bail to the applicant.
8. Let the applicant - Dalel 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 concerned, subject
to the following conditions:
i. The applicant will not tamper with the evidence.
ii. The applicant will not indulge in any criminal activity.
iii. The applicant will not pressurize/intimidate the prosecution witnesses
and co-operate in the trial.
iv. The applicant will appear regularly on each and every date fixed by the
trial Court, unless his personal appearance is exempted by the Court
concerned.
9. In the event of breach of any of the aforesaid conditions, the Court
below will be at liberty to proceed to cancel his/her bail.
10. 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.
11. 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.
(Rajiv Lochan Shukla,J.)
May 7, 2026
Kushal
Digitally signed by :-
KUSHAL AGRAWAL
High Court of Judicature at Allahabad
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