Nakli Singh vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Nakli Singh vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant Nakli Singh enlarged on bail in Case Crime No. 97 of 2025 (Section 105 B.N.S.): release upon furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned, conditional on (i) appearing on dates fixed by the trial court, (ii) not tampering with prosecution evidence, and (iii) not pressurizing prosecution witnesses; on breach of any condition the prosecution may move a bail cancellation application before this Court.

Issue for consideration

Whether the applicant, proceeded against under Section 105 B.N.S. in Case Crime No. 97 of 2025 (Police Station Purkaji, District Muzaffarnagar), is entitled to be enlarged on bail during the pendency of the trial.

Court's answer

On perusal of the record, the Court prima facie found that the first information report had been lodged belatedly and that vague and general allegations had been levelled against the applicant.

Ratio / Principle

Prima facie, according to the postmortem report the deceased received three injuries (single injury on the head, face and left eye) and, in the doctor's opinion, the cause of death was cranial cerebral damage as a result of an ante mortem head injury.

Key takeaways

The Court took into account that identically placed co-accused Rampal had already been granted bail by this Court (order dated 12.09.2025 in Criminal Misc. Bail Application No. 27888 of 2025).ratio¶12
The Court found the applicant had remained confined for almost five months, that after submission of the charge-sheet there was no hope of early conclusion of trial, and that the State had brought to the fore no reasonable apprehension that the applicant, if enlarged on bail, would tamper with the evidence, delay the trial or intimidate the witness.ratio¶12
Without commenting on the merits of the case, the Court concluded that the applicant is entitled to be enlarged on bail.

Detailed headnote1 paragraphs

HIGH COURT OF JUDICATURE AT ALLAHABAD — Criminal Misc. Bail Application No. 29225 of 2025 (Nakli Singh v. State of U.P.), decided 29-10-2025 by Hon'ble Vivek Varma, J. Bail granted under Section 105 B.N.S. in Case Crime No. 97 of 2025, Police Station Purkaji, District Muzaffarnagar, during pendency of trial. After hearing counsel and the learned A.G.A. (whose opposition could not be satisfactorily sustained from the record), the Court prima facie found: (a) the first information report was lodged belatedly (incident 20.05.2025; FIR 21.05.2025); (b) vague and general allegations were levelled against the applicant; (c) per the postmortem report the deceased received three injuries — single injury on the head, face and left eye — death being caused by cranial cerebral damage as a result of an ante mortem head injury; and (d) identically placed co-accused Rampal had already been granted bail by this Court vide order dated 12.09.2025 passed in Criminal Misc. Bail Application No. 27888 of 2025. Further weighed: the applicant's confinement for almost five months (in jail since 27.05.2025), submission of the charge-sheet leaving no hope of early trial conclusion, and absence of any reasonable State apprehension that enlargement would lead to tampering with evidence, delaying the trial or intimidating witnesses. Without commenting on the merits of the case, the Court held the applicant entitled to be enlarged on bail, releasing him on a personal bond and two sureties each in the like amount, subject to conditions of appearing on dates fixed by the trial court, not tampering with prosecution evidence and not pressurizing prosecution witnesses; breach entitles the prosecution to seek bail cancellation before this Court.