Allahabad High Court
KADEEM AHMADversusSTATE OF U.P.
- Decided
Holding
The Court held that the applicant is entitled to be released on bail.
Summary
The High Court considered a bail application filed by Kadeem Ahmad, who is charged under several sections of the B.N.S. for allegedly firing at a deceased relative during a family dispute. The applicant contended that the actual shooter was co‑accused Nadeem, that no weapon was recovered from him, and that he was falsely implicated because of his familial link. The State opposed bail but did not dispute the factual matrix. Relying on the nature of the offence, the absence of a criminal record, the filing of a charge‑sheet, and Supreme Court precedents on bail, the Court held that the applicant is entitled to bail. Accordingly, the Court ordered his release on bail subject to a personal bond, two sureties, and specific conditions, with procedural directions for verification and electronic transmission of the order.
Issues considered
- Whether the applicant Kadeem Ahmad is entitled to bail despite the serious nature of the charges.
- Whether the applicant's alleged involvement is merely a false implication arising from familial association.
- Whether the Supreme Court guidelines on bail and the circumstances of overcrowded jails warrant granting bail.
Legislation cited
- B.N.S. — s. 103(1), 110, 115(2), 190, 191(2), 191(3), 3(5)
Subjects
- bail
- false implication
- criminal trial
- overcrowded jails
- Supreme Court guidelines
- conditions of bail
- Indian criminal law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 13514 of 2026
Kadeem Ahmad
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Atul Kumar Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Atul Kumar Pandey, learned panel lawyer appointed by the
High Court Legal Services Authority for the applicant, Sri Rakesh Kumar
Mishra, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 376 of 2025, under Sections- 191(2),
191(3), 190, 110, 103(1), 115(2), 3(5) of B.N.S., Police Station- Milak,
District- Rampur, during the pendency of the trial.
3. Contention of learned counsel for the applicant is that, as per the
allegations made in the FIR, the deceased, who is a relative of the
applicant, had come to the house of the applicant to settle the dispute
between co-accused Nadeem and his wife, and during the said discussion,
a quarrel took place, wherein it is alleged that the applicant and his
brother fired upon the deceased and other co-accused person had also
assaulted the other family members, and subsequently the deceased
succumbed to the injuries. It is further submitted that, in the statement of
the injured eye-witness, it is clearly mentioned that co-accused Nadeem
fired upon the deceased from a pistol, as a result of which the deceased
fell down, and although an allegation of firing has also been assigned to
the applicant, no recovery of any weapon has been made on the pointing
out of the applicant, whereas the firearm has been recovered on the
pointing out of co-accused Nadeem, against whom a specific allegation of
firing has been made, and the applicant has been falsely implicated in the
BAIL No. 13514 of 2026
2
present case merely because he is the brother of the main accused,
Nadeem. It is further submitted that the applicant has no criminal history.
It is further submitted that charge sheet has been filed in the present case,
therefore, there is no requirement of custodial interrogation. The applicant
is a law abiding citizen and he is languishing in jail since 25.09.2025. In
case, he is granted bail, he will not misuse the liberty of bail and would
cooperate in the trial proceedings.
4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail
but could not dispute the aforesaid facts.
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 the 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.,
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.
6. Let the applicant- Kadeem Ahmad , 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.
BAIL No. 13514 of 2026
3
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
verified by the court concerned before the bonds are accepted.
9. Verification of mobile number and Aadhar card of the applicant as well
as sureties should be verified by the court concerned.
10. 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.
11. 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.
12. Office is directed to send a copy of this order to the applicant through
concerned 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.)
April 23, 2026
SA
Digitally signed by :-
SALMAN ALI
High Court of Judicature at Allahabad
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