Nitin vs State of U.P.

The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 77 of 2024, under Sections- 302, 201 IPC, Police Station- Jalalpur, District- Hamirpur, during the pendency of the trial.

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Contention of learned counsel for the applicant is that, as per the prosecution story, the deceased left the house to attend the nature’s call on 26.04.2024 and the missing report was lodged on 28.04.2024, whereas the dead body of the deceased was recovered on 29.04.2024. Thereafter, the F.I.R. was lodged against co-accused Satish and 3-4 unknown accomplices on the ground that Satish was last seen in the company of the deceased. It is further submitted that, as per the postmortem report of the deceased, the cause of death is strangulation and there is no material against the applicant except the confessional statement of the main accused Satish, who has already been released on bail by a Coordinate Bench of this Court in Criminal Misc. Bail Application No. 44945 of 2024 vide order dated 14.11.2025. Therefore, the applicant, being on a better footing than the said co-accused Satish, is also entitled to be released on bail. It is further submitted that the applicant has no criminal history. It is also submitted that charge-sheet has already been filed in the present case and, therefore, there is no requirement for custodial

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BAIL No. 16092 of 2026

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interrogation. The applicant is a law-abiding citizen and is languishing in jail since 11.05.2024. In case he is granted bail, he will not misuse the liberty of bail and will cooperate in the trial proceedings.

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Per contra, learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and taking into account the fact that similarly situated co-accused has been enlarged on bail 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., 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 .

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Let the applicant- Nitin, 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:-

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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.

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

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

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iv. The applicant shall attend in accordance with the conditions of the

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BAIL No. 16092 of 2026

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bond executed by him.

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

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

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

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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.

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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.

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Office is directed to send a copy of this order to the applicant through Jail Superintendent, Hamirpur 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.

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(Arun Kumar Singh Deshwal,J.)

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May 12, 2026 SA

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Digitally signed by :- SALMAN ALI High Court of Judicature at Allahabad

Nitin v. State of U.P.

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Nitin v. State of U.P.

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