Allahabad High Court
HARIOM SINGHversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The court held that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Summary
The High Court considered a bail application filed by Hariom Singh, who was arrested in a case under Sections 109(1), 115(2), 126(2), 191(2), 191(3) and 324(2) of the Indian Penal Code. The applicant claimed innocence, stating that his name was not in the FIR and was only mentioned in a co‑accused's confessional statement, and that he had no prior criminal record. The State opposed bail but could not dispute that a co‑accused had already been released on bail. Weighing the nature of the offences, the evidence, and the applicant’s lack of criminal history, the Court decided to grant bail without commenting on the merits of the case. The Court ordered the applicant’s release on personal bond and two sureties, subject to conditions of appearance, non‑interference with witnesses, and abstaining from criminal activity.
Issues considered
- Whether the applicant is entitled to bail during the pendency of trial despite being implicated through a co‑accused's statement.
Legislation cited
- Indian Penal Code — s. 109(1), 115(2), 126(2), 191(2), 191(3), 324(2)
Subjects
- bail
- criminal procedure
- Indian Penal Code
- presumption of innocence
- co‑accused statement
- personal bond
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33780 of 2026
Hariom Singh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Vipin Gangwar
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
Heard learned counsel for the applicant, learned AGA for the State and
perused the record.
The instant application has been filed seeking release of the applicant on
bail in Case Crime No. 213 of 2026, under Sections 109(1), 115(2),
126(2), 191(2), 191(3), 324(2) BNS, Police Station Faridpur, District
Bareilly, during the pendency of trial.
It is argued by the learned counsel for the applicant that applicant is
innocent and has been falsely implicated in the present case due to ulterior
motive. It is submitted that the applicant was not named in the subject
FIR. The name of the applicant was surfaced during the course of
investigation in the confessional statement of co-accused. As per opinion
of the Doctor and supplementary medical report, all injuries are simple in
nature and caused by hard and blunt object. Applicant has no previous
criminal history. The applicant is languishing in jail since 29.4.2026 and
in case he is released on bail, he will not misuse the liberty of bail.
Per contra, learned AGA, however, opposed the prayer for bail, but could
not dispute the fact that the co-accused of the applicant has already
enlarged on bail by this Court.
Keeping in view the nature of the offence, evidence, complicity of the
accused, severity of the punishment, and submissions of learned counsel
for the parties, this Court is of the view that the applicant is entitled to be
BAIL No. 33780 of 2026
2
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 the applicant-Hariom Singh 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.
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.
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 29, 2026
Brijesh
Digitally signed by :-
BRIJESH KUMAR
High Court of Judicature at Allahabad
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