Allahabad High Court
MOHAMMAD FARHANversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant is entitled to bail as a prima facie case exists and no witness has been examined, thereby granting bail.
Summary
The Allahabad High Court considered a bail application filed by Mohammad Farhan, who had been in custody for about seven months for offences under Sections 319(2), 318(4), 338, 336(3) and 340(2) of the Indian Penal Code. The applicant argued that his right to liberty under Article 21 was being violated as no witness had been examined and the trial had not progressed beyond framing of charges on 14‑08‑2026. The State opposed bail but the court noted the lack of any evidentiary progress and the applicant’s clean record. After reviewing the status report and submissions, the court found a prima facie case for bail and ordered his release on personal bond and two sureties, subject to standard conditions. The order emphasized that bail could be cancelled for breach of conditions and would not affect the merits of the trial.
Issues considered
- Whether bail should be granted when the trial has not proceeded beyond charge framing and no witness has been examined.
- Whether prolonged pre‑trial detention infringes the constitutional right to personal liberty under Article 21.
- Whether the nature of the offences under the cited IPC sections warrants denial of bail.
Legislation cited
- Indian Penal Code — s. 318(4), 319(2), 336(3), 338, 340(2)
Subjects
- bail
- pre‑trial detention
- Article 21
- Indian Penal Code
- criminal procedure
- sureties
- right to liberty
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 10815 of 2026
Mohammad Farhan
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Anand Kumar Singh, Shivam Shukla,
Vinod Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.61 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Anand Kumar Singh, learned counsel for the applicant, Sri
Rajendra Prasad Singh, learned State Law Officer for the State and perused
the material placed on record.
3. Applicant seeks bail in Case Crime No.0452 of 2025, under Sections
319(2), 318(4), 338, 336(3), 340(2) B.N.S., Police Station Chaubepur,
District Varanasi, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is in jail
since 22.02.2026, as such, the period of incarceration comes out to be about
seven months. His fundamental rights enshrined under Article 21 of the
Constitution of India stand violated. Not a single witness has been examined
to date. There is no criminal history of the applicant. The applicant
undertakes to cooperate with the trial and not misuse the liberty of bail.
5. Learned State Law Officer has vehemently opposed the bail application
but the submissions raised by the learned counsel for the applicant could not
be disputed.
6. This Court had called for the status of trial from the concerned Trial
Court. As per the said status report dated 03.09.2026, the charge against the
applicant could be framed on 14.08.2026 only and not a single witness has
BAIL No. 10815 of 2026
2
been examined to date.
7. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the period of incarceration of the applicant and the fact that not
a single witness has been examined to date, and without expressing any
opinion on the merits of the case, prima-facie the Court is of the view that
the applicant has made out a case for bail. The bail application is allowed.
8. Let the applicant- Mohammad Farhan, be released on bail in the
aforementioned case crime on furnishing a personal bond and two sureties to
the satisfaction of the court concerned, subject to verification of sureties,
with the conditions that he shall not tamper with evidence or intimidate
witnesses and shall appear before the trial court as required.
9. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 8, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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