Allahabad High Court
TAHABBUR MEWATIversusSTATE OF U.P.
- Decided
Holding
The court held that the applicant is entitled to bail despite the seriousness of the alleged offence.
Summary
Tahabbur Mewati was arrested in connection with a murder case (Cr. No. 331 of 2025) after an informer implicated him along with two co‑accused. The applicant contended that he was not named in the FIR, no weapon was recovered from him, and the confessional statements of co‑accused did not allege any active role by him. The State opposed bail but could not refute these factual submissions. Relying on the principles laid down by the Supreme Court in Kapil Wadhawan v. CBI and the policy considerations of overcrowded prisons, the court examined the nature of the offence, the lack of direct evidence against the applicant, and his clean criminal record. The court concluded that the applicant is entitled to bail and ordered his release on personal bond with conditions. The bail order was directed to be implemented through the Bail Order Management System and communicated to the jail authorities.
Issues considered
- Whether the applicant, who is not named in the FIR and faces no direct incriminating evidence, should be granted bail pending trial in a murder case.
Legislation cited
- B.N.S. — s. 103(1), 3(5), 61(2)
Subjects
- bail
- murder
- criminal procedure
- overcrowded prisons
- presumption of innocence
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 12299 of 2026
Tahabbur Mewati
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashutosh Ganguli, Masoom Alam
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard learned counsel for the applicant, 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.331 of 2025, under
Sections 103(1), 3(5), 61(2) of B.N.S. at Police Station-Kundarki, District-
Moradabad.
3. Contention of learned counsel for the applicant is that the applicant was
not named in the FIR, wherein allegation has been made that some unknown
persons had killed the deceased by causing head injury. Thereafter on the
basis of information from an informer, father of the deceased Babu Ram and
three co-accused persons including the applicant were arrested. In the
confessional statement of co-accused Aslam @ SultanIt, it was surfaced that
co-accused Sajjid, in a pre-planned manner and on instruction of co-accused
Babu Ram, repeatedly hit the deceased with iron rod by taking him to a
secluded place and thereafter the co-accused Aslam ran over the car over the
deceased, resulting into his death. Thereafter, a blood stained iron rod was
recovered from the possession of the co-accused Sajjid and a mobile phone
of the deceased was recovered form co-accused Aslam @ Sultan. Learned
counsel for the applicant further submitted that, as per the prosecution story,
cause of murder of the deceased is that one Adash Kumar, Advocate in
collusion with father of the deceased Babu Ram had taken an insurance
policy of the deceased for more than one crore and just to claim and share of
that amount, the deceased was murder. He further submitted that even in the
BAIL No. 12299 of 2026
2
confessional statement co-accused, there is no allegation against the
applicant except he was in the company of co-accused Aslam @ Sultan and
Sajjid and no role was assigned to him. There is no recovery of any weapon
on the pointing out of the applicant. It is lastly submitted that charge sheet
has been filed by the police, therefore, there is no requirement for custodial
interrogation. The applicant has no criminal history and he is languishing in
jail since 04.12.2025. In case, he is granted bail, he will not misuse the
liberty of bail and would cooperate in the trial proceedings.
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 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- Tahabbur Mewati 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.
BAIL No. 12299 of 2026
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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
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
Moradabad Jail Superintendent via e-mail or e-prison portal 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.
April 20, 2026
A.Kr.
(Arun Kumar Singh Deshwal,J.)
Digitally signed by :-
AJAY KUMAR
High Court of Judicature at Allahabad
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