Allahabad High Court

ZAKIRversusSTATE OF U.P.

Decided: 4 May 2026
Bench: ARUN KUMAR SINGH DESHWAL

Holding

The applicant is entitled to bail pending trial.

Summary

Zakir was arrested in connection with a murder after the victim's body was recovered and a spade was allegedly found at his residence. The applicant sought bail under Sections 103(1), 140(1) and 238 of the Bhartiya Nyaya Sanhita, 2023, arguing that there was no incriminating material against him and that a charge sheet had already been filed. The State opposed the bail but did not dispute the factual background. The court, considering the nature of the offence, the evidence, the overcrowding of jails, and recent Supreme Court guidelines in Kapil Wadhawan v. CBI, Maya Tiwari v. State of U.P., and the Policy Strategy for Grant of Bail, allowed the bail application with personal bond, sureties and strict conditions. The order also directed procedural steps for verification of identity, electronic communication of the order, and compliance with the bail order management system.

Issues considered

Whether bail should be granted to the accused in a murder case pending trial under the Bhartiya Nyaya Sanhita provisions.
Whether the presence of a spade allegedly used to conceal the body constitutes sufficient material to deny bail.
Whether the filing of a charge sheet eliminates the need for custodial interrogation and justifies bail.

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 140(1), 238

Subjects

bail
murder
Bhartiya Nyaya Sanhita
pre‑trial detention
overcrowded jails
Supreme Court precedent
sureties
criminal procedure

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 11885 of 2026

Zakir
.....Applicant(s)
Versus

State of U.P.
.....Opposite
Party(s)

Counsel for Applicant(s) : Neelam Singh, Preetpal Singh
Counsel for Opposite Party(s) : G.A.

Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.

1. Heard learned counsel for the applicant, Sri Himanshu Kumar, learned
A.G.A. for the State and perused the record.

2. Instant bail application has been filed with a prayer to release the
applicant on bail during the trial in Case Crime No. 487 of 2025 (Session
Case No. 616/2026), under Sections 103(1), 140(1), 238 Bhartiya Nyaya
Sanhita, 2023, Police Station Ujhani, District- Budaun.

3. Learned counsel for the applicant submitted that as per prosecution
story, the deceased was missing since 16.11.2025. Thereafter FIR was
lodged against unknown persons. Subsequently the body of the deceased
was recovered on 22.11.2025 from open place. Thereafter the applicant
was arrested by the police and on pointing out of him, one spade was
shown to be recovered from his house allegedly used to dig out a pit to
bury the dead body. Thereafter the body was removed and thrown it in
open place. Learned counsel for the applicant has submitted that there is
no incriminating material against the applicant and alleged spade, which
was recovered from the house of the applicant, was used for agricultural
purpose. It is lastly submitted that charge sheet has been filed by the
police, therefore, there is no requirement for custodial interrogation. The
applicant has explained the criminal history of one case in the
accompanying affidavit and he is languishing in jail since 23.11.2025. In
case, he is granted bail, he will not misuse the liberty of bail and would
cooperate in the trial proceedings.
BAIL No. 11885 of 2026
2

4. On the other hand, learned A.G.A. for the State opposed the prayer for
bail but could not dispute the aforesaid fact.

5. 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 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. Accordingly, the present
application is allowed.

6. Let the applicant- Zakir 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:-

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.

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

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

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

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

8. Identity, status and residence proof of the applicant and sureties be
BAIL No. 11885 of 2026
3

verified by the court concerned before the bonds are accepted.

9. Verification of mobile number as well as Aadhaar Card of the
applicant and sureties should also be conducted by the court concerned.

10. It is made clear that the applicant shall be released on the basis of
downloaded copy of this order 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.

11. It is 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.

12. 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.

(Arun Kumar Singh Deshwal,J.)
May 5, 2026
A.Kr.

Digitally signed by :-
AJAY KUMAR
High Court of Judicature at Allahabad

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