Durgesh Kumar Singh Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2025)

Durgesh Kumar Singh Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Bail application allowed on the ground of parity. Applicant Durgesh Kumar Singh to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with sureties to be verified before issuing the release order, subject to conditions: (i) no tampering with evidence during trial; (ii) no pressurising/intimidating prosecution witnesses; (iii) appearance before the trial court on dates fixed. Breach of any condition shall be a ground for cancellation of bail.

Issue for consideration

Whether the applicant, Durgesh Kumar Singh, charged under Sections 103(1), 190, 191(2) and 351(3) of BNS in Case Crime No. 182 of 2024, is entitled to be released on bail during the pendency of trial. +1 more

Court's answer

Without expressing any opinion on the merits of the case, and considering the facts, submissions, evidence on record and pending trial in the light of the cited judgments (Nanha; Paras Ram Vishnoi; Satender Kumar Antil), the Court held the applicant entitled to release on bail and allowed the bail application on the ground of parity with the co-accused already enlarged on bail.

Key takeaways

Observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.obiter¶22

Detailed headnote1 paragraphs

Allahabad High Court (Krishan Pahal, J., Court No. 67), 29 October 2025: Criminal Misc. Bail Application No. 37281 of 2025 of Durgesh Kumar Singh ALLOWED on the ground of parity. Applicant, in custody since 24.11.2024 with no criminal history, seeks bail in Case Crime No. 182 of 2024 under Sections 103(1), 190, 191(2), 351(3) of BNS, P.S. Shivkuti, District Nagar (Commissionerate Prayagraj), pending trial; similarly placed co-accused Atul Pratap Singh was enlarged on bail on 13.10.2025 in Bail Application No. 35029 of 2025, and the A.G.A., while opposing, did not dispute the parity and no-criminal-history aspects. Decision reached without expressing opinion on merits, in the light of Nanha S/o Nabhan Kha v. State of U.P., 1993 Crl.L.J. 938 (this Court), Paras Ram Vishnoi v. Director, CBI, MANU/SCOR/22410/2021 and Satender Kumar Antil v. CBI, (2022) 10 SCC 51 (Supreme Court). Release ordered on personal bond and two sureties (sureties to be verified before release order), conditioned on non-tampering with evidence, non-intimidation of prosecution witnesses and appearance on dates fixed; breach invites cancellation; observations in the bail order expressly declared not to affect the trial judge's independent opinion.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 37281 of 2025

Durgesh Kumar Singh

.....Applicant(s)

	Versus
State of U.P.		.....Opposite Party(s)
Counsel for Applicant(s)	: Rajrshi Gupta, Rizwan Advocate, Vikas Tripathi	Ahamad, Sr.
Counsel for Opposite Party(s)	: G.A.

Court No. - 67

HON'BLE KRISHAN PAHAL, J.

List has been revised.

Heard Sri Rizwan Ahamad, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and perused the record.

Applicant seeks bail in Case Crime No. 182 of 2024, under Sections 103(1), 190, 191(2), 351(3) of BNS, Police Station - Shivkuti, District - Nagar (Commissionerate Prayagraj), during the pendency of trial.

It is submitted by learned counsel for the applicant that similarly placed co-accused person, Atul Pratap Singh has already been enlarged on bail by this Court vide order dated 13.10.2025 passed in Criminal Misc. Bail Application No. 35029 of 2025. It is further submitted that since the case of the applicant is at par to the co-accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.

Learned counsel has also stated that the applicant is languishing in jail since 24.11.2024, having no criminal history. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial.

The prayer for bail has been vehemently opposed by learned A.G.A.. However, the aforesaid factual aspects of parity to the co-accused and of no criminal history of the applicant, have not been disputed by him.

BAIL No. 37281 of 2025

2

Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, evidence on record, pending trial and in the light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938 and the judgement passed by the Supreme Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021 coupled with the judgement of Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and another reported in (2022) 10 SCC 51 , without expressing any opinion on the merits of the case, the Court is of the view that the applicant is entitled to be released on bail in this case. The bail application is allowed on the ground of parity.

Let the applicant- Durgesh Kumar Singh , who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

i) The applicant will not tamper with the evidence during trial.

ii) The applicant will not pressurise/intimidate with the prosecution witnesses.

iii) The applicant will appear before the trial court on the date fixed.

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

It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

(Krishan Pahal,J.)

October 29, 2025 Siddhant

Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad