Dhara Singh Vs State of U.P.

Heard Sri Sarvajeet Singh, learned counsel for the applicant, Sri Pankaj Kumar Sharma, learned counsel for the first informant and Sri Bhupendra Pal Singh, learned A.G.A. for the State and perused the record.

¶11

The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.02 of 2026, under Sections 103(1), 126(2), 191(2), 191(3), 115(2), 117(2), 190 B.N.S., Police Station Mujariya, District Budaun, during the pendency of the trial.

¶12

Contention of learned counsel for the applicant is that the applicant is an innocent person and he has been falsely implicated in the present case. He further submitted that as per the prosecution story, five named accused persons including the applicant are alleged to have beaten the husband of the first informant mercilessly which resulted into his death. This incident was witnessed by Rajendra Singh, who was a pillion rider, and also by one Ramanand. He further submitted that a bare perusal of the post-mortem report of the deceased, it is clear that the deceased received 7 abrasion on nonvital part, which are simple in nature. However, there is one crush injury on the head of the deceased, which was alleged to have caused intentionally by a vehicle, however, no specific role has been assigned to the applicant to cause the crush injury to the deceased. He further submitted that actually it is a case of accident because of enmity between the parties the same has been converted into the case of murder. He further submitted that no weapon has been recovered on pointing out of the applicant. The applicant has been falsely been implicated in the present case only to exert pressure upon him. Applicant has explained the criminal history of four cases

¶13

BAIL No. 15051 of 2026

¶14

2

¶15

in the accompanying affidavit. The applicant is in jail since 04.01.2026. He further submitted that charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. In case the applicant is released on bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

¶16

Per contra, learned counsel for the first informant and learned A.G.A. have vehemently opposed the prayer for bail and submitted that applicant has motive to kill the deceased but could not dispute the parity and role of the applicant with the co-accused, Vijay Singh.

¶17

Considering 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 the 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.

¶18

Let the applicant- Dhara 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:-

¶19

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.

¶20

ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment.

¶21

iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶22

iv. The applicant shall attend in accordance with the conditions of the bond executed by him.

¶23

BAIL No. 15051 of 2026

¶24

3

¶25

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

¶26

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

¶27

Verification of mobile number and Aadhaar card of the applicant as well as sureties should be verified by the court concerned.

¶28

It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days.

¶29

It is further 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.

¶30

Office is directed to send a copy of this order to the applicant through Budaun 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.

¶31

May 5, 2026 S.C.

¶32

(Arun Kumar Singh Deshwal,J.)

¶33

Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad

Dhara Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Dhara Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Vaibhav Garg and Another vs State of Up and Another

Mahesh Paswan Alias Rinku Paswan and Others vs State of Up and Another

Vaibhav Garg and Another vs State of Up and Another

Boby Vs State of U.P.

Zakir Vs State of U.P.

Aneeta Yadav Vs State of U.P.