Allahabad High Court
SHIVA SINGH @ DEEPAK SINGHversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The Court granted bail to the accused, subject to conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Shiva Singh @ Deepak Singh, who is charged under Sections 109, 126(2), 352, 351(3), 324(4) and 191(2) of the Bharatiya Nyaya Sanhita, 2023. The applicant claimed he was falsely implicated, was not named in the FIR, and had no prior criminal record, arguing there was no risk of flight or evidence tampering. The State opposed bail but could not refute the applicant’s factual contentions. The Court noted the seriousness of the offences and a prima facie case, but found that the applicant satisfied the criteria for bail and imposed standard conditions. Consequently, the Court granted bail subject to a personal bond, sureties and conditions to prevent tampering, intimidation of witnesses, and to ensure regular court appearances.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the seriousness of the charges under the Bharatiya Nyaya Sanhita, 2023.
- Whether the applicant’s lack of prior criminal record, non‑inclusion in the FIR and alleged innocence justify bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 126(2), 191(2), 324(4), 351(3), 352
Subjects
- bail
- criminal procedure
- presumption of innocence
- witness tampering
- Indian criminal law
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 9193 of 2026
Shiva Singh @ Deepak Singh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Sanjay Kumar Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard Shri Sanjay Kumar Srivastava, learned counsel for the applicant, Shri
Rajesh Kumar Singh, learned AGA for the State-respondents and perused
the record.
This bail application under Section 483 of Bharatiya Nagarik Suraksha
Sanhita, 2023 has been moved on behalf of accused-applicant, Shiva Singh
@ Deepak Singh, seeking enlargement on bail in Case Crime No. 276 of
2025, under Sections 109, 126 (2), 352, 351 (3), 324 (4), 191 (2) of the
Bharatiya Nyaya Sanhita, 2023, Police Station Baberu, District Banda.
Learned counsel for the applicant argued that the accused-applicant is
innocent. He has been falsely implicated in this very case crime number and
is languishing in jail since 17.2.2026. Learned counsel for the applicant
submits that applicant was not named in the FIR and that similarly
circumstanced co-accused Priyank Kori has already been enlarged on bail by
co-ordinate Bench of this Court on 17.11.2025 in Criminal Misc. Bail
Application No. 29088 of 2025. Applicant has no criminal antecedent and
there is no likelihood of his fleeing from course of justice or tampering with
evidence in case of release on bail. Hence, bail has been prayed for.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant,
but could not dispute the aforesaid fact.
Considering all above facts and circumstances, the nature of accusations,
severity of the punishment in the case of conviction and nature of supporting
evidence, reasonable apprehension of tampering with the witness and prima
BAIL No. 9193 of 2026
2
facie case, but without commenting on merit of case, a case for bail is made
out.
Accordingly, the bail application is allowed.
Let the accused-applicant, Shiva Singh @ Deepak Singh, involved in
above mentioned case crime number be released on bail, on his executing a
personal bond and two reliable sureties each, in the like amount to the
satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and
co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the
trial court, unless his personal appearance is exempted through counsel by
the court concerned.
In the event of breach of any of the aforesaid conditions, the court below
will be at liberty to proceed to cancel his bail.
(Ashutosh Srivastava,J.)
May 18, 2026
Ravi Prakash
Digitally signed by :-
RAVI PRAKASH
High Court of Judicature at Allahabad
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