Allahabad High Court

ALMUDDINversusSTATE OF U.P. AND ANOTHER

Decided: 26 April 2026
Bench: ARUN KUMAR SINGH DESHWAL

Holding

The court held that the applicant is entitled to be released on bail.

Summary

The Allahabad High Court considered a bail application filed by Almuddin, accused in Crime No. 386 of 2024 under Section 103(1) of the BNS for allegedly running over a deceased with a tractor. The applicant argued that the death was accidental, that key eyewitnesses did not support the prosecution, and that there was no material against him, emphasizing his law‑abiding character and the need to avoid jail overcrowding. The State opposed bail but did not dispute the factual matrix. Relying on Supreme Court precedents in Kapil Wadhawan v. CBI, Maya Tiwari v. State of U.P., and the policy directive on bail, the court, without expressing a view on the merits, granted bail with strict conditions and procedural safeguards. The order directed verification of identities, issuance of a computer‑generated bail order, and prompt release through the Bail Order Management System.

Issues considered

Whether bail should be granted to the accused under Section 103(1) of the BNS in view of the alleged accidental nature of the death and the evidentiary record.
Whether the Supreme Court guidelines on bail, jail overcrowding, and pendency of cases warrant the release of the applicant.
Whether the conditions imposed are sufficient to safeguard the trial and prevent tampering with evidence.

Legislation cited

BNS — s. 103(1)

Subjects

bail
Section 103(1) BNS
accidental death
evidence
jail overcrowding
Supreme Court bail guidelines
criminal procedure

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 7960 of 2025

Almuddin
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)

Counsel for Applicant(s) : Atul Kumar Srivastava, Birendra Singh
Khokher, Neeraj Srivastava, Ram Kumar
Yadav
Counsel for Opposite Party(s) : G.A.

Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.

1. Heard Sri Ram Kumar Yadav, learned counsel for the applicant, Sri
D.P.S. Chauhan, 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. 386 of 2024, under Section-
103(1) of BNS, Police Station-Fatehganj, District-Bareilly, during the
pendency of the trial.

3. Contention of learned counsel for the applicant is that in the FIR,
allegation has been made against the applicant that he ran-over the
tractor over the deceased thereby killing him, though, the incident in
question has been alleged to be witnessed by Maheshpal, Netrapal,
Bhajanlal and Horilal and, during the trial, all the eye witnesses did
not support the prosecution story except Bhajanlal, PW-7. It is further
submitted that actually, it is a case of accidental death of the
deceased, applicant never intended to cause any injury or run over
the tractor over the deceased. It is further submitted that as on date,
there is no material against the applicant and all the eye witnesses
have been examined before the trial court. It is further submitted that
the applicant has explained the criminal history of two cases in the
accompanying affidavit. It is further submitted that trial is going on,
therefore, there is no requirement of custodial interrogation. The
applicant is a law abiding citizen and he is languishing in jail since
25.10.2024. 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 No. 7960 of 2025
2

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. 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.

6. Let the applicant- Almuddin, 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.

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
BAIL No. 7960 of 2025
3

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.

April 27, 2026
S.C.
(Arun Kumar Singh Deshwal,J.)

Digitally signed by :-
SHUBHAM CHAURASIA
High Court of Judicature at Allahabad

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