Allahabad High Court

LAL SINGHversusSTATE OF U.P.

Decided: 30 September 2026
Bench: JAI PRAKASH TIWARI

Holding

The court held that the applicant is entitled to bail during the pendency of the trial.

Summary

Lal Singh applied for bail in a criminal case (Crime No. 0290 of 2023) where he is charged under Sections 401 and 307 of the Indian Penal Code. He contended that the allegations against him are false, that he was not present at the scene, and that his name appears only in a co‑accused’s confessional statement. The State opposed the bail, arguing the seriousness of the offences. The Court examined the record, noted the lack of direct evidence against the applicant, and considered the heavy pendency of cases in the courts. Without expressing any view on the merits, the Court concluded that the applicant is entitled to bail during the trial, subject to a personal bond, two sureties and strict conditions. Accordingly, the bail application was allowed and the applicant was ordered to be released on bail.

Issues considered

Whether bail should be granted to an accused charged under Sections 401 and 307 IPC during the pendency of trial.
Whether the presence of the applicant’s name in a co‑accused’s confessional statement precludes bail.
Whether the court may impose conditions such as non‑tampering with evidence and non‑intimidation of witnesses.

Legislation cited

Indian Penal Code — s. 307, 401

Subjects

bail
criminal procedure
IPC
Section 401
Section 307
sureties
conditions of bail
trial pendency

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 35056 of 2026

Lal Singh
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Arvind Singh, Sajal Tripathi
Counsel for Opposite Party(s) : G.A.

Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.

Heard learned counsel for the applicant and learned AGA for the State.

The instant bail application has been filed seeking release of the applicant
on bail in Case Crime No. 0290 of 2023, under Sections 401, 307 IPC,
Police Station Kadaura, District Jalaun at Orai, during pendency of the
trial.

Learned counsel for the applicant submitted that on the basis of false
allegation, applicant has been made accused in the present matter along
with others and admittedly he was neither arrested at spot nor any police
personnel sustained any injury. There is no any independent witness of
recovery and the present case is of police party firing but case is no injury
case. The name of of the applicant surfaced in the confessional statement
of the other co-accused. It is next submitted that applicant is having no
concern with the allegations levelled against him and he has not
committed any offence as alleged by prosecution. Co-accused of the
applicant namely Taufeeq has been granted bail by the co-ordinate Bench
of this Court vide order dated 9.7.2024 passed in Criminal Misc. Bail
Application No. 22512 of 2024. Criminal history of the applicant has
been explained in the instant bail application and he is languishing in jail
since 13.8.2026. It is also submitted that the applicant undertakes that he
will not misuse the liberty, if granted. It has also been pointed out that in
the wake of heavy pendency of cases in the Court, there is no likelihood
of any early conclusion of trial.
BAIL No. 35056 of 2026
2

The prayer for bail has been vehemently opposed by learned A.G.A.

Considering the facts and circumstances of the case, perusing the record,
evidence and also considering the nature of allegations, arguments
advanced by the learned counsel for the parties, this Court is of the view
that the applicant is entitled to be 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 applicant, Lal Singh be released on bail in the aforesaid case on his
executing a personal bond and furnishing 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 during the trial.

(ii). The applicant will not pressurize/ intimidate the prosecution witness.

(iii). The applicant will appear before the trial court on the date fixed,
unless personal presence is exempted.

(iv). The applicant shall not commit an offence similar to the offence of
which he is accused, or suspected, of the commission of which he is
suspected.

(v). The applicant shall not directly or indirectly make any 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 to any police
officer or tamper with the evidence.

It is further directed that the identity, status and residence proof of the
sureties be verified by the authorities concerned before they are accepted.

In case of breach of any of the above conditions, the trial court will be at
liberty to cancel the bail.

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
BAIL No. 35056 of 2026
3

the said observations shall have no bearing on the merits of the case
during trial.

(Jai Prakash Tiwari,J.)
October 1, 2026
Brijesh

Digitally signed by :-
BRIJESH KUMAR
High Court of Judicature at Allahabad

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