Bhupendra Singh vs The State Of U.P. Through Principal ...
- Neutral2026:AHC-LKO:32441
Ratio decidendi
The rule this decision rests on
Where an accused person is not named in the FIR but whose name surfaced during investigation, has been in custody for a substantial period, and has no previous criminal history, it is a fit case to grant bail on personal bond and sureties, without expressing any opinion on the merits of the case.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
The State Of U.P. Through Principal Secretary, Home Department
.....Opposite Party(s)
Counsel for Applicant(s)
:
Alok Kumar Mishra
Counsel for Opposite Party(s)
:
G.A.
Court No. - 28
HON'BLE RAJEEV BHARTI, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. This is first bail application filed on behalf of the applicant who is involved in Case Crime No.0038 of 2026, under Sections 310(2), 317(3) & 61(2) of B.N.S., Police Station- Madeyganj, District- Lucknow.
3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He further submits that the applicant is not named in the FIR and his name surfaced during investigation. It is further submitted that Rs.1680/- and one mobile phone are shown to have been recovered from the present applicant. It is further submitted that the applicant has no previous criminal history and he is in jail since 26.03.2026. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the prosecution witnesses. He undertakes that in case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
4. Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
5. Having heard learned counsel for the parties and having perused the material available on record and considering the fact that the applicant is not named in the FIR and his name surfaced during investigation; he is in jail since 26.03.2026 having no previous criminal history; and without expressing any opinion on the merits of the case, this Court is of the view that it is a fit case for enlarging the applicant on bail.
6. Accordingly, the bail application is allowed.
7. Let the applicant- Bhupendra Singh be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:-
(i) the applicant shall not tamper with the prosecution evidence;
(ii) the applicant shall not pressurize the prosecution witnesses;
(iii) the applicant shall appear on each and every date fixed by the trial Court, either personally or through his counsel.
Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed.
8. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial.
(Rajeev Bharti,J.)
May 6, 2026
Anand/-
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