Allahabad High Court

BHANU PRATAP SINGHversusSTATE OF U.P.

Decided: 17 September 2026
Bench: AVNISH SAXENA

Holding

The court held that the applicant is entitled to bail as no material other than the co‑accused's statement links him to the offence.

Summary

The accused Bhanu Pratap Singh applied for bail in a criminal case (Crime No. 82 of 2026) alleging that his name was only mentioned in the statement of a co‑accused and that there is no other material linking him to the alleged siphoning of funds. The FIR, lodged by a bank manager, did not name him, and the charge sheet had been filed. The State opposed bail, but the court noted the lack of substantive evidence against the applicant and that two other co‑accused had already been granted bail. Relying on Supreme Court dicta in Girish Gandhi v. State of Uttar Pradesh and another 2024 bail policy case, the court held that the applicant is entitled to bail. Consequently, the bail application was allowed on personal bond and sureties, with a direction to cooperate with the judicial process.

Issues considered

Whether the applicant's mere mention in a co‑accused's statement suffices to deny bail.
Whether bail can be granted pending trial in the absence of direct evidence against the applicant.

Legislation cited

Code of Criminal Procedure, 1973 — s. 316(5), 61(2)

Subjects

bail
co‑accused statement
criminal procedure
presumption of innocence
pending trial

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33274 of 2026

Bhanu Pratap Singh
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Shiva Kant Dubey, Surya Prakash
Dubey
Counsel for Opposite Party(s) : G.A.

Court No. - 69
HON'BLE AVNISH SAXENA, J.

1. Heard Sri Shiva Kant Dubey, learned counsel for accused applicant and
learned A.G.A. for State.

2. The present bail application has been moved by the applicant/ accused-
Bhanu Pratap Singh to enlarge him on bail in Case Crime No. 82 of
2026, under Sections 316(5), 61(2) BNS, P.S.- Araon, District- Firozabad,
during the pendency of trial.

3. It is the contention of learned counsel for applicant that the FIR has
been lodged on 17.06.2026 by Sri Aditya Pratap Singh, the Bank Manager
of the Central Bank against three persons who are the officials of the
same bank. The accused/appliant has not been named in the FIR. During
investigation the statement of co-accused Dileep Kumar was recorded,
wherein six persons were named, in whose name the bank account have
been opened to siphon of gold money. Learned counsel further submits
that the accused/applicant has no complicity. Out of six persons who have
been named by co-accused. Two persons have already been granted bail
by the coordinate Bench of this Court. The applicant is innocent. He has
no role to play. It is only his name, which has been used by the co-
accused. The applicant has no criminal history. The charge sheet is
submitted. The accused applicant is languishing in jail since 19.06.2026.
He seeks to be enlarged on bail.

4. Learned A.G.A. for State and learned counsel for the informant have
BAIL No. 33274 of 2026
2

opposed the prayer for bail.

5. This Court has taken into consideration the rival submissions made by
learned counsel for the parties and perused the record.

6. Considering that the name of accused has been figured out from the
statement of co-accused and apparently there is no other material against
the accused/applicant except his bank account has been opened and the
money has been siphoned of in that account, 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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