Khub Singh v. State of U.P

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 7252 of 2026 Court No. - 67 HON'BLE ARUN KUMAR SINGH DESHWAL, J.

¶1Heard Sri Satyam Singh, learned counsel for the applicant, Sri D.P.S. Chauhan, learned A.G.A. for the State and perused the record.

¶2Instant 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.

¶3Contention 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.

¶4Learned 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, Versus Counsel for Applicant(s) : Rajesh Kumar, Satyam Singh, Syed Irfan Ali Counsel for Opposite Party(s) : G.A. Khub Singh .....Applicant(s) State of U.P. .....Opposite Party(s) 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.

¶5On the other hand, learned A.G.A. for the State opposed the prayer for bail but could not dispute the aforesaid fact.

¶6Considering 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.

¶7Let 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 BAIL No. 7252 of 2026 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.

¶8In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶9Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

¶10Verification of mobile number as well as Aadhaar Card of the applicant and sureties should also be conducted by the court concerned.

¶11It 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.

¶12Office 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.

¶13Application, if any, stands disposed of.

(Arun Kumar Singh Deshwal,J.) May 18, 2026 SFH BAIL No. 7252 of 2026

High Court of Judicature at Allahabad