Allahabad High Court

GUFRANversusSTATE OF U.P.

Decided: 17 May 2026
Bench: RAJIV LOCHAN SHUKLA

Holding

The court held that a prima facie case for bail existed and therefore granted bail to the applicant subject to conditions.

Summary

The High Court considered a bail application filed by Gufran, who has been in custody since 16 January 2026 in a case under Sections 137(2), 87 and 142 of the B.N.S. The applicant alleged false implication in an alleged abduction of a victim, claiming the victim had eloped with his brother and that he has no criminal antecedents. The State opposed bail, stating the victim was yet to be recovered, but could not dispute the applicant’s clean record. The court noted that a charge sheet had already been filed, the applicant was not needed for further investigation, and that a prima facie case for bail existed. Consequently, the court granted bail subject to personal bond, sureties, and conditions prohibiting tampering with evidence, criminal activity, intimidation of witnesses, and ensuring regular court appearances.

Issues considered

Whether bail should be granted to the accused under Sections 137(2), 87 and 142 of the B.N.S. pending trial.
Whether the filing of a charge sheet and the applicant’s lack of criminal antecedents justify bail.
Whether the non‑recovery of the alleged victim precludes the grant of bail.

Legislation cited

B.N.S. — s. 137(2), 142, 87

Subjects

bail
false implication
abduction
charge sheet
prima facie case
conditions of bail
criminal trial

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 12660 of 2026

Gufran
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Syed Riyaz Askari
Counsel for Opposite Party(s) : G.A.

Court No. - 72
HON'BLE RAJIV LOCHAN SHUKLA, J.

1. This Court, on 01.5.2026, passed the following order:

“1. Affidavit of Senior Superintendent of Police, Mujaffarnagar filed
today by learned A.G.A. for State is taken on record.

2. Learned A.G.A. for State submits that, entire details of search
operations shall be placed on record, as such, collecting CCTV footage
from Dehradun, Masoori, Dharmshala etc. and shall also clarify as to
how the call details record was collected after submission of charge sheet
and after the lapse of about three months from the date of alleged
incident.

3. List on 18.5.2026 as fresh.”

2. Today when the case has been called on, the learned A.G.A. has not
brought on record the details of the search operations. The applicant is
continuously in jail since 16.01.2026 and a charge sheet is also said to
have been filed against the applicant. In view of these circumstances, the
Court does not propose to defer the hearing of this bail application any
further and has heard the learned counsel for the applicant and the learned
A.G.A. for the State.

3. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 311 of 2025, under Sections 137(2),
87, 142 of the B.N.S., Police Station- Charthawal, District- Muzaffar
Nagar, during the pendency of the trial.

4. Learned counsel for the applicant contends that the applicant has been
falsely implicated in the present case. The applicant along with his brother
BAIL No. 12660 of 2026
2

Javed is said to have supposedly abducted the daughter of the informant.
The applicant has been arrested by the police from his own village and he
is continuously in jail since 16.01.2026. The applicant has no criminal
antecedents.

5. The learned counsel for the applicant further contends that the victim
may have eloped with the brother of the applicant, Javed and as per call
details records collected during investigation, it appears that the victim
and the co-accused Javed were at Ludhiyana in December, 2025. The
applicant is no longer wanted for any custodial interrogation or recoveries
as a charge sheet has already been filed. He may be considered for grant
of bail.

6. The learned A.G.A. has opposed the prayer for bail and has contended
that the victim is yet to be recovered. There is specific allegation against
the applicant of abducting the victim along with his brother. The learned
A.G.A., however, could not dispute the fact that the applicant has no
criminal antecedents..

7. I have considered the submissions made by the learned counsel for the
parties.

8. The applicant is named in the First Information Report (FIR) along
with the co-accused Javed and allegations of abducting the victim have
been made against the applicant and the co-accused Javed. The statement
of certain independent witnesses indicate that the victim used to talk with
the brother of the applicant Javed. The father of the victim is the cousin of
the applicant and the co-accused Javed. The charge sheet against the
applicant has already been filed. The applicant is in jail since 16.01.2026
and the trial against him is not likely to conclude in near future.

9. Taking into account the entire facts and circumstances of the case, a
prima facie case for bail is made out.

10. The bail application is allowed.

11. Let the applicant - Gufran, involved in the aforementioned crime be
released on bail, on his furnishing a personal bond and two reliable
sureties each in the like amount, to the satisfaction of the Court
concerned, subject to the following conditions:
BAIL No. 12660 of 2026
3

i. The applicant will not tamper with the evidence.

ii. The applicant will not indulge in any criminal activity.

iii. The applicant will not pressurize/intimidate the prosecution witnesses
and co-operate in the trial.

iv. The applicant will appear regularly on each and every date fixed by the
trial Court, unless his personal appearance is exempted by the Court
concerned.

12. In the event of breach of any of the aforesaid conditions, the trial
Court will be at liberty to proceed to cancel his/her bail.

13. It is made clear that the applicant shall be released on the basis of
computer generated copy of this order, downloaded 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.

14. It is further 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.

15. The observations made hereinabove are exclusively for deciding the
instant bail application and shall not be construed as an opinion on the
merits of the case.

(Rajiv Lochan Shukla,J.)
May 18, 2026
Kushal

Digitally signed by :-
KUSHAL AGRAWAL
High Court of Judicature at Allahabad

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