Allahabad High Court

UMESHversusSTATE OF U.P.

Decided: 28 September 2026
Bench: SAMEER JAIN

Holding

The applicant is entitled to be released on bail.

Summary

The High Court considered a bail application filed by Umesh in Criminal Case No. 171 of 2026, which involves offences under Sections 103(1) and 238 of the Indian Penal Code. The case is based on circumstantial evidence, and the applicant was named as an accused during investigation along with co-accused Mohit. The court noted that Mohit had already been released on bail in a similar proceeding and that Umesh has no prior criminal record, having been in custody for four months. The State opposed bail but did not dispute the factual submissions. After reviewing the record, the court held that there was no reason to deny bail and ordered the applicant’s release on personal bond and sureties with standard conditions. The order expressly limited its observations to the bail application and did not address the merits of the trial.

Issues considered

Whether the applicant is entitled to bail despite the case being based on circumstantial evidence and the existence of co-accused who have been granted bail.

Legislation cited

Indian Penal Code — s. 103(1), 238

Subjects

bail
circumstantial evidence
Indian Penal Code
Section 103
Section 238
prior criminal record
co-accused
personal bond
sureties

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 34711 of 2026

Umesh
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)

Counsel for Applicant(s) : Hukum Singh, Puneet Bhadauria
Counsel for Opposite Party(s) : G.A.

Court No. - 65
HON'BLE SAMEER JAIN, J.

1. Heard Sri Hukum Singh and Sri Puneet Bhadauria, learned counsel for the applicant
and Sri Ghanshyam Mishra, learned Brief Holder for the State-respondent.

2. The instant application has been filed seeking release of the applicant on bail in
Case Crime No. 171 of 2026, under Sections 103(1), 238 BNS, Police Station Jewar,
District Gautambuddha Nagar, during pendency of the trial in the court below.

3. Learned counsel for the applicant submitted that it is a case of circumstantial
evidence and nobody was named in the FIR but during investigation on the basis of
evidence of last seen, applicant alongwith co-accused Mohit has been made accused.

4. They further submitted that with a very detailed and reasoned order co-accused
Mohit has been released on bail by this Court vide order dated 23.9.2026 passed in
Crl. Misc. Bail Application No. 33984 of 2026 and case of applicant is at par with
him.

5. They further submitted that applicant is having no previous criminal history and he
is in jail in the present matter since 27.5.2026.

6. Per contra, learned AGA opposed the prayer for bail but could not dispute the
arguments on facts advanced by learned counsel for the applicant.

7. I have heard learned counsel for the parties and perused the record of the case.

8. It is a case of circumstantial evidence and nobody was named in the FIR.

9. It reflects applicant alongwith co-accused Mohit has been made accused during
investigation on the basis of evidence of last seen.

10. It further reflects, with a very detailed and reasoned order co-accused Mohit has
been released on bail by this Court and case of applicant is at par with him. There is
no occasion for this Court to take contrary view in the instant bail application.
BAIL No. 34711 of 2026
2

11. Further, applicant is having no previous criminal history and in the present
matter he is in jail for last four months.

12. Therefore, considering the facts and circumstances of the case, discussed above, in
my view, applicant is entitled to be released on bail.

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

14. Let the applicant-Umesh, 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.

15. 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.

16. 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 29, 2026
Ankita
(Sameer Jain,J.)

Digitally signed by :-
ANKITA SRIVASTAVA
High Court of Judicature at Allahabad

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