Allahabad High Court
KAMLESH NISHAD @ GURUversusSTATE OF U.P.
- Decided
- Bench
- SAMEER JAIN
Holding
The court held that the applicant is entitled to be released on bail.
Summary
The High Court considered a bail application filed by Kamlesh Nishad, who was arrested in connection with a murder case (Crime No. 305 of 2026) involving offences under Sections 103(1), 115(2), 352 and 351(3) of the Indian Penal Code. The FIR named the applicant, but the eye‑witness statement identified another co‑accused, Rinku Nishad, as the prime perpetrator. The applicant pleaded that he has no prior criminal record and has been in custody since 1 June 2026. The State opposed bail but did not dispute the factual submissions made by the applicant’s counsel. After reviewing the record, the Court concluded that the applicant’s lack of a criminal history and his non‑prime‑accused status warranted release on bail, subject to conditions. Accordingly, the bail application was allowed, with a personal bond and two sureties, and standard bail conditions were imposed.
Issues considered
- Whether the applicant, though named in the FIR for offences under Sections 103(1), 115(2), 352 and 351(3) of the IPC, is entitled to bail
- Whether the applicant's lack of prior criminal record and the fact that he is not the prime accused justify granting bail
Legislation cited
- Indian Penal Code — s. 103(1), 115(2), 351(3) BNS, 352
Subjects
- bail
- criminal procedure
- Indian Penal Code
- sections 103 115 352 351
- sureties
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33288 of 2026
Kamlesh Nishad @ Guru
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Arvind Kumar, Shyam Sunder Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 65
HON'BLE SAMEER JAIN, J.
1. Heard Sri Shyam Sunder Mishra, learned counsel for the applicant and Sri
Imran Khan, learned AGA for the State-respondent.
2. The instant application has been filed seeking release of the applicant on
bail in Case Crime No. 305 of 2026, under Sections 103(1), 115(2), 352,
351(3) BNS, Police Station Karwi, District Chitrakoot, during pendency of
the trial in the court below.
3. Learned counsel for the applicant submitted that however applicant is
named in the FIR but from the FIR and statement of the informant who was
eye witness and was alongwith the deceased co-accused Rinku Nishad was
the prime accused who by causing injury committed the murder of his father
i.e. deceased.
4. He further submitted that applicant is having no criminal history and he is
in jail in the present matter since 1.6.2026.
5. Per contra, learned AGA opposed the prayer for bail but could not dispute
the arguments on facts advanced by learned counsel for the applicant.
6. I have heard learned counsel for the parties and perused the record of the
case.
7. However, applicant is named in the FIR but from the FIR and statement
of the informant who was the eye witness and was alongwith the deceased
co-accused Rinku Nishad was the prime accused who by causing injury
committed the murder of his father.
BAIL No. 33288 of 2026
2
8. Further, applicant is having no previous criminal history and he is in jail
in the present matter since 1.6.2026.
9. Therefore, considering the facts and circumstances of the case, discussed
above, in my view, applicant is entitled to be released on bail.
10. Accordingly, without expressing any opinion on the merits of the case,
the instant bail application is allowed.
11. Let the applicant-Kamlesh Nishad @ Guru, 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.
12. 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.
13. 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.
September 18, 2026
Ankita
(Sameer Jain,J.)
Digitally signed by :-
ANKITA SRIVASTAVA
High Court of Judicature at Allahabad
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