Allahabad High Court
SAIF ALIversusSTATE OF U.P.
- Decided
Holding
The court held that the applicant is entitled to be released on bail.
Summary
Saif Ali was arrested in connection with a case (Crime No. 374 of 2025) under Sections 352 and 109(1) of the Indian Penal Code. His first bail application was rejected, but during trial the principal witnesses turned hostile, leaving no material evidence against him. The applicant, who has been in jail since 6 October 2025, sought bail, asserting he is a law‑abiding citizen and will cooperate with the trial. The State opposed bail but did not contest the factual background. Relying on Supreme Court precedents on bail, the overcrowding of jails, and the lack of incriminating material, the High Court granted bail with standard conditions and procedural safeguards.
Issues considered
- Whether bail should be granted to the accused in view of hostile witnesses and lack of material evidence.
- Whether the nature of the offences (Sections 352 and 109(1) IPC) warrants denial of bail.
- Whether the guidelines issued by the Apex Court and the state of jail overcrowding affect the bail decision.
Legislation cited
- Indian Penal Code — s. 109(1), 352
Subjects
- bail
- hostile witness
- IPC 352
- IPC 109(1)
- jail overcrowding
- Supreme Court guidelines
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 13534 of 2026
Saif Ali
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rohan Gupta
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Rohan Gupta, learned counsel for the applicant, Sri
Ramkumar Verma, learned A.G.A. for the State and perused the record.
2. This is a second bail application which has been filed with a prayer to
release the applicant on bail in Case Crime No. 374 of 2025, under
Sections- 352, 109(1) B.N.S., Police Station- Aurai, District- Bhadohi,
during the pendency of the trial. The first bail application of the applicant
being Criminal Misc. Bail Application No. 44437 of 2025 was rejected on
16.12.2025.
3. Contention of learned counsel for the applicant is that the first bail
application of the applicant was rejected on the ground that there is a
specific allegation against the applicant for causing injury to the injured.
However, during the trial, the injured deposed before the trial court as
P.W.-2 and did not support the prosecution story and was declared hostile,
and even the first informant and eye-witnesses, who were examined as
P.W.-1 and P.W.-3 respectively, also did not support the prosecution story
and were declared hostile; therefore, as on date, there is no material
against the applicant. Therefore, applicant is entitled to be released on
bail. The applicant is a law abiding citizen and he is languishing in jail
since 06.10.2025. 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.
BAIL No. 13534 of 2026
2
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- Saif Ali, 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
verified by the court concerned before the bonds are accepted.
9. Verification of mobile number and Aadhaar card of the applicant as
well as sureties should be verified by the court concerned.
BAIL No. 13534 of 2026
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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
District Jail Bhadohi 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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