Allahabad High Court
NITISH KUMAR SINGH @ MOHAN SINGHversusSTATE OF U.P.
- Decided
- Bench
- HARVIR SINGH
Holding
The bail application is allowed.
Summary
The High Court considered a bail application filed by Nitish Kumar Singh @ Mohan Singh, who was charged under Section 109(2) of the Indian Penal Code for allegedly opening fire on police during an encounter, though no police officer was injured. The applicant claimed false implication and that he had been injured by police fire, and argued that he posed no flight risk and had previously been granted bail in a related case. The State opposed bail but did not rebut the applicant's factual submissions. The Court, after weighing the nature of the offence, evidence, and the applicant's assurances, found that the applicant had made out a case for bail and ordered his release on personal bond with two sureties, subject to conditions against tampering with evidence, seeking adjournments, and committing further offences. The Court warned that breach of any condition would lead to cancellation of bail.
Issues considered
- Whether bail should be granted to an accused charged under Section 109(2) IPC in a police encounter case.
- Whether the accused poses a risk of fleeing, tampering with evidence, or committing further offences if released on bail.
Legislation cited
- Indian Penal Code — s. 109(2)
Subjects
- bail
- Section 109 IPC
- police encounter
- false implication
- conditions of bail
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 8526 of 2026
Nitish Kumar Singh @ Mohan Singh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Brijesh Kumar Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE HARVIR SINGH, J.
1. Heard learned counsel for the accused-applicant, learned A.G.A. for the
State and perused the material available on record.
2. This bail application has been moved on behalf of the accused-
applicant/ Nitish Kumar Singh @ Mohan Singh for grant of bail, in
Case Crime No. 255/2025, under Section 109(2) B.N.S., Police Station
Ubhaon District Ballia, during pendency of trial.
3. Learned counsel for accused-applicant, while pressing the bail
application, submits that, the accused-applicant has been falsely
implicated in the instant case. Learned counsel for the applicant has
further submitted that it is a case of police encounter with the accused
applicant in which the applicant is alleged to have opened fire upon the
police party, however, no police personal got injury. It has further been
submitted that the applicant has sustained injury in his foot fired by the
police. So far as other cases are concerned, the same were levelled same
day of the present case, out of which in one case the applicant has been
enlarged on bail. Learned counsel for the applicant has further submitted
that, the accused-applicant is languishing in jail in this matter since
20.9.2025 and there is no likelihood that, the accused-applicant after
release on bail, may flee from the process of law or will misuse the liberty
of bail.
4. Learned A.G.A. has opposed the prayer for bail of the applicant, but
could not confront the factual submissions made by the learned counsel
for the accused-applicant.
BAIL No. 8526 of 2026
2
5. Keeping in view the nature of the offence, evidence, complicity of the
accused, severity of punishment, submissions of the learned counsel for
the parties and without expressing any opinion on the merits of the case, I
am of the considered view that applicant has made out a case for bail. The
bail application is allowed.
6. Let the accused-applicant/ Nitish Kumar Singh @ Mohan Singh
involved in aforesaid case be released on bail on furnishing a personal
bond with two sureties in the like amount to the satisfaction of the court
concerned subject to following conditions:-
(i) The applicant shall not tamper with the prosecution
evidence by intimidating/pressurizing the witnesses, during the
investigation or trial.
(ii) The applicant shall cooperate in the trial 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.
7. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
(Harvir Singh,J.)
April 20, 2026
Gss
Digitally signed by :-
GIRAJA SHANKER SHARMA
High Court of Judicature at Allahabad
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