Allahabad High Court
KHUB SINGHversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
The High Court considered a bail application filed by Khub Singh, the maternal uncle of a deceased woman, who was accused of strangulating her during a family dispute. The prosecution alleged that the deceased and her lover were confined and beaten before the alleged murder, but the post‑mortem report could not determine the cause of death and no direct witness linked the applicant to the killing. The applicant argued lack of incriminating material, a false statement by a relative, and parity with a co‑accused already released on bail. Relying on Supreme Court precedents on bail, the court noted the nature of the offence, evidential gaps, overcrowded prisons, and the need for speedy trial. Without expressing an opinion on guilt, the court held that the applicant was entitled to bail, ordered his release on personal bond with two sureties and imposed standard conditions.
Issues considered
- Whether the applicant is entitled to bail in a murder case where evidence is inconclusive.
- Whether the lack of direct witnesses and an indeterminate post‑mortem cause of death justify granting bail.
- Whether the principle of parity with a co‑accused already released on bail applies.
- How the Supreme Court guidelines in Kapil Wadhawan, Maya Tiwari, and the Suo Motu bail policy influence the bail decision.
Legislation cited
- B.N.S. — s. 103(1), 115(2), 127(2), 238, 3(5)
Subjects
- bail
- criminal procedure
- murder
- evidentiary insufficiency
- overcrowded prisons
- Supreme Court precedent
- personal bond
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 7252 of 2026
Khub Singh
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Rajesh Kumar, Satyam Singh, Syed Irfan Ali
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Satyam Singh, learned counsel for the applicant, Sri D.P.S.
Chauhan, learned A.G.A. for the State and perused the record.
2. Instant bail application has been filed with a prayer to release the
applicant on bail during the trial in Case Crime No. 06 of 2026, U/s 103(1),
238, 3(5), 127(2), 115(2) B.N.S., P.S.-Dholna, District Kasganj.
3. Contention of learned counsel for the applicant is that as per prosecution
story, the deceased and first informant were having a love affair and on
09.01.2026 deceased and first informant also left house because family
members of the deceased harassing her. Thereafter father of the deceased
and other persons of village brought back the deceased and first informant
from a Gurudwara at Agra on 10.01.2026 and confined them in a house and
beaten them. Thereafter the deceased was strangulated by the present
applicant (maternal uncle of the deceased) and other family members.
Thereafter they had taken the body of the deceased for cremation. On the
information of brother of the first informant, police came on the spot and
recovered half-burnt body of the deceased. As per post mortem report, cause
of the death of the deceased could not be ascertained.
4. Learned counsel for the applicant submitted that there is no witness
showing that the deceased was beaten by the applicant or any family
members and even the injury report of the first informant shows that he
received only two injury though he alleged that he was mercilessly beaten by
the family members of the deceased. It is further submitted that cause of
death of the deceased was sudden heart attack and thereafter family
members of the deceased and other villagers went to cremate her, however,
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2
brother of the first informant gave false information regarding unnatural
death of the deceased. It is further submitted that there is no incriminating
material against the applicant and he has been falsely implicated merely on
the basis of apprehension and doubt and personal grudge of the first
informant. It is further submitted that co-accused Jaiprakash, has already
been released on bail by this Court in Criminal Misc. Bail Application No.
10049 of 2026 vide order dated 13.05.2026. Therefore, the applicant having
an identical role, is also entitled to be released on bail on the ground of
parity It is lastly submitted that the applicant has explained criminal history
of one case and he is languishing in jail since 27.01.2026. In case, he is
granted bail, he will not misuse the liberty of bail and would cooperate in the
trial proceedings.
5. On the other hand, learned A.G.A. for the State opposed the prayer for
bail but could not dispute the aforesaid fact.
6. 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 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. reported in 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.
Accordingly, the present application is allowed.
7. Let the applicant- Khub Singh 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
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3
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.
8. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
9. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
10. Verification of mobile number as well as Aadhaar Card of the applicant
and sureties should also be conducted by the court concerned.
11. It is 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
Kasganj 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.
13. Application, if any, stands disposed of.
(Arun Kumar Singh Deshwal,J.)
May 18, 2026
SFH
Digitally signed by :-
SYED FAHIM HUSAIN
High Court of Judicature at Allahabad
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