Allahabad High Court
MUNNA SINGHversusSTATE OF U.P.
- Decided
- Bench
- TEJ PRATAP TIWARI
Holding
The court held that the death of the accused justifies the withdrawal of securities under Section 529 CrPC.
Summary
Munna Singh filed an application under Section 529 of the Criminal Procedure Code seeking permission to withdraw securities he had furnished in favor of the accused, Rajendra Singh, in a criminal appeal. The appeal pertained to a case involving offences under Sections 452, 354Kha, 504, 506 IPC, the POCSO Act and the SC/ST Act. The learned Additional Government Advocate submitted a compliance affidavit confirming that the accused Rajendra Singh had died on 19 February 2026. The court examined the affidavit and the police report attached thereto. Finding that the death of the accused removed the basis for retaining the securities, the court allowed the applicant's prayer and ordered that the securities be withdrawn.
Issues considered
- Whether securities furnished under Section 529 CrPC can be withdrawn when the accused has died
Legislation cited
- Code of Criminal Procedure, 1973 — s. 529
- Indian Penal Code — s. 354Kha, 452, 504, 506
- Protection of Children from Sexual Offences Act — s. 8
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(11)
Subjects
- withdrawal of securities
- Section 529 CrPC
- death of accused
- criminal appeal
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 5038 of 2025
Munna Singh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Chandra Prakash Kushwaha
Counsel for Opposite Party(s) : G.A.
Court No. - 92
HON'BLE TEJ PRATAP TIWARI, J.
1. Compliance affidavit filed today by learned A.G.A is taken on record.
2. Heard learned counsel for the applicant, learned A.G.A for the State
and perused the record.
3. The instant application has been filed to allow this application and
direct the concern court to permit the applicant to withdraw securities
furnished by him in favour of accused namely Rajendra Singh S/o Angu
Singh @ Shiv Mohan in the court of learned Chief Judicial Magistrate,
Banda in Criminal Appeal No. 2061 of 2016 filed against the judgment
and order dated 19.04.2016 passed in Special Case No. 85 of 2014 (State
Vs. Rajendra Singh & another) arising out of Case Crime No. 228 of
2014, under Sections 452, 354Kha, 504, 506 IPC read with Section 8 of
POCSO Act & Section 3(1)(11) of SC/ST Act, Police Station Kotwali
Dehat, District Banda.
4. Vide order dated 06.05.2026, learned A.G.A was directed to seek
instructions in the matter to submit report, as to the person namely
Rajendra Singh has died was the very person about whom the instant
matter has been filed.
5. In compliance of order dated 06.05.2026, learned A.G.A has filed
compliance affidavit annexing herewith all the documents as well as
report of the concerned Police Station annexed at page 23 of the said
affidavit, stating therein that Rajendra Singh (accused-appellant) has died
NA529 No. 5038 of 2025
2
on 19.02.2026 as stated by the learned counsel for the applicant.
6. Accordingly, prayer made by learned counsel for the applicant is
hereby allowed and the applicant is permitted to withdraw the securities
in the aforesaid case.
(Tej Pratap Tiwari,J.)
May 14, 2026
PS
Digitally signed by :-
POOJA SHARMA
High Court of Judicature at Allahabad
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