Allahabad High Court
VIKASversusSTATE OF U.P.
- Decided
Holding
The applicant Vikas is entitled to be released on bail.
Summary
The Allahabad High Court considered a bail application filed by Vikas, accused in Crime No. 390 of 2024 for offences under IPC sections 147, 302, 307, 34, 504 and 506. The FIR alleged that Vikas and co‑accused assaulted the deceased, who later died, and also injured a witness named Vipin. During trial the key witness Vipin turned hostile and the deceased’s father, the original informant, denied being an eye‑witness. Only two of the ten prosecution witnesses had been examined, and the trial was far from conclusion. The court, noting the seriousness of the charges, the weak evidential record, jail overcrowding, pendency of cases, and Supreme Court precedents (Kapil Wadhawan vs CBI and Maya Tiwari vs State of U.P.), held that the applicant was entitled to bail without expressing a view on the merits. Accordingly, Vikas was released on bail subject to a personal bond, two sureties and several conditions.
Issues considered
- Whether bail should be granted to an accused charged with offences including murder (302 IPC) and attempt to murder (307 IPC) given the evidential weaknesses and trial pendency.
Legislation cited
- Indian Penal Code — s. 147, 302, 307, 34, 504, 506
Subjects
- bail
- criminal procedure
- IPC sections 147 302 307 34 504 506
- witness hostility
- jail overcrowding
- trial pendency
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 35863 of 2025
Vikas
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Santosh Kumar Singh, Syed Wajid Ali
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Santosh Kumar Singh, learned counsel for the applicant, Sri
Ramkumar Verma, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 390 of 2024, under Sections 147,
302, 307, 34, 504, 506 I.P.C. Police Station-Baradari, District Bareilly,
during the pendency of the trial.
3. Contention of learned counsel for the applicant is that, in the FIR,
allegations have been made that the applicant, along with the co-accused,
had beaten the deceased as well as the injured, Vipin, and subsequently
the deceased succumbed to the injuries. It is further submitted that
though, during the course of investigation, the injured witness Vipin
supported the prosecution story but during the trial, while being examined
as P.W.-2, he did not support the prosecution story and was declared
hostile, and even the father of the deceased, who is the first informant, has
clearly stated during trial that he was not an eye-witness of the incident
and had not seen who had killed his son; therefore, as on date, there is no
material against the applicant. It is further submitted that though total ten
witnesses have been proposed to be examined by the prosecution but till
date only two witnesses have been examined, and the trial is not likely to
be concluded in the near future. It is further submitted that the applicant
has explained the criminal history of two cases. It is further submitted that
charge sheet has been filed in the present case, therefore, there is no
BAIL No. 35863 of 2025
2
requirement of custodial interrogation. The applicant is a law abiding
citizen and he is languishing in jail since 21.08.2024. In case, he is
granted bail, he will not misuse the liberty of bail and would cooperate in
the trial proceedings.
4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail
but could not dispute the aforesaid facts.
5. Considering the entire facts and circumstances of the case, submissions
of learned counsel for the parties and keeping in view the nature of
offence, evidence, complicity of the accused and taking into account
overcrowded jails and heavy pendency of criminal cases before the trial
courts as well as considering the mandate of the judgement of the Apex
Court in the case of Kapil Wadhawan vs Central Bureau of
Investigation reported in 2025 SCC OnLine SC 3038 as well as
guideline of this Court in the case of Maya Tiwari Vs. State of U.P.,
2024 SCC Online All 6765 regarding grant of bail and without
expressing any opinion on the merits of the case, I am of the opinion that
the applicant is entitled to be enlarged on bail.
6. Let the applicant- Vikas, involved in the aforementioned crime be
released on bail, on his 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 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.
ii. The applicant shall cooperate in the trial/investigation sincerely without
seeking any adjournment.
iii. The applicant shall not indulge in any criminal activity or commission
of any crime after being released on bail.
iv. The applicant shall attend in accordance with the conditions of the
bond executed by him.
BAIL No. 35863 of 2025
3
7. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
8. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
9. Verification of mobile number and Aadhaar card of the applicant as
well as sureties should be verified by the court concerned.
10. It is made clear that the applicant shall be released on the basis of
computer generated copy of this order, downloaded from the official
website of High Court Allahabad and verified by the concerned counsel
with the undertaking that the certified copy will be filed within 15 days.
11. It is further directed that the trial court shall send the release order to
the concerned jail through Bail Order Management System (BOMS) to
ensure early release of the applicant.
12. Office is directed to send a copy of this order to the applicant through
concerned Jail Superintendent via e-mail or e-prison portal within 24
hours in compliance of the order of the Apex Court in the case of Policy
Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4
of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685.
(Arun Kumar Singh Deshwal,J.)
May 5, 2026
SA
Digitally signed by :-
SALMAN ALI
High Court of Judicature at Allahabad
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