Sanjay Singh Parihar Alias Tinku vs State of U.P. — Allahabad HC (2026) — LawSathi Research

Sanjay Singh Parihar Alias Tinku vs State of U.P. — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Matter adjourned to 26.02.2026, to be taken up as fresh at 03:45 post meridiem; Commissioner of Police, Kanpur Nagar and District Government Counsel (Criminal), Kanpur Nagar directed to appear and explain their conduct; Registrar (Compliance) to communicate the order through the learned Chief Judicial Magistrate, Kanpur Nagar forthwith

Issue for consideration

Whether the applicant should be released on bail in Criminal Misc. Bail Application No. 7148 of 2026, his bail having been denied on the ground of the prima facie seriousness of the allegations despite a day-to-day trial direction +1 more

Ratio / Principle

The presence of the Commissioner of Police, Kanpur Nagar is required because the District Government Counsel (Criminal), Kanpur Nagar, under instructions from the Police Establishment, sought repeated adjournments to defeat the ends of justice, flout the orders of the Court and keep the applicant deprived of his liberty, and made repeated applications under Section 311 of the Code of Criminal Procedure, 1973 to recall witnesses already examined

Key takeaways

Both the Commissioner of Police, Kanpur Nagar and the District Government Counsel (Criminal), Kanpur Nagar shall appear and explain their conduct in procrastinating the trial, in violation of the Court's orders, over a period of about three yearsratio¶12
The Registrar (Compliance) is directed to communicate this order to the Commissioner of Police, Kanpur Nagar and the District Government Counsel (Criminal), Kanpur Nagar, both through the learned Chief Judicial Magistrate, Kanpur Nagar, forthwithratio¶15

Detailed headnote1 paragraphs

Allahabad High Court (J.J. Munir, J.), Criminal Misc. Bail Application No. 7148 of 2026 (Sanjay Singh Parihar alias Tinku v. State of U.P.): presence of the Commissioner of Police, Kanpur Nagar required — the District Government Counsel (Criminal), Kanpur Nagar, under instructions of the Police Establishment, sought repeated adjournments despite the trial being set down on a day-to-day basis, and made repeated applications under Section 311 of the Code of Criminal Procedure, 1973 to recall witnesses already examined, in order to defeat the ends of justice, flout the orders of the Court and keep the applicant deprived of his liberty — the Commissioner of Police and the District Government Counsel (Criminal) directed to appear and explain their conduct in procrastinating the trial over a period of about three years — Registrar (Compliance) directed to communicate the order through the learned Chief Judicial Magistrate, Kanpur Nagar forthwith — matter adjourned to 26.02.2026.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 7148 of 2026

Sanjay Singh Parihar Alias Tinku

.....Applicant(s)

Versus
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s) :	Rakesh Kumar Dubey
Counsel for Opposite Party(s) :	G.A.

Court No. - 44

HON'BLE J.J. MUNIR, J.

Heard Mr. Rakesh Kumar Dubey, learned Counsel for the applicant and Mr. Shashi Shekhar Tiwari, learned Additional Government Advocate, appearing on behalf of the State.

In compliance with our order dated 25.02.2026, the District Government Counsel (Criminal), Kanpur Nagar and the Commissioner of Police, Kanpur Nagar are present.

Upon being shown and confronted with the order-sheet of the trial, the District Government Counsel (Criminal) and the Commissioner of Police have understood the concern of the Court regarding not only avoidable but culpable delay also caused in the trial on account of parties, including the State. After all reckless applications under Section 311 Cr.P.C. seeking to recall witness should not have been made as the records of the trial show.

The trial, in this case, was directed to proceed on a day to day basis. Hearing on a day to day basis is not an empty formality and we have conveyed out concern, in this case, to the Commissioner of Police who is to secure the attendance of witnesses and assist in the trial as the District

BAIL No. 7148 of 2026

2

Head of the Police.

The District Government Counsel (Criminal) is at the center stage of the proceedings. So far as the prosecution is concerned, he too has acknowledged his responsibility.

In the circumstances, we exempt the personal presence of the District Government Counsel (Criminal), Kanpur Nagar and the Commissioner of Police, Kanpur Nagar.

Let this bail application be listed again on 12th March, 2026 , by which time, the Trial Court will submit an up-to-date status report in the matter.

The District Government Counsel (Criminal), Kanpur Nagar and the Commissioner of Police, Kanpur Nagar, who are present in this Court, take notice of this order.

Let this order be communicated to the learned Sessions Judge, Kanpur Nagar for its onward communication to the learned Judge holding the trial by the Registrar (Compliance) within 24 hours.

(J.J. Munir,J.)

February 26, 2026

Prashant D.

Digitally signed by :- PRASHANT DWIVEDI High Court of Judicature at Allahabad