Allahabad High Court
SHAHZAD @ BULLETversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The bail application is allowed and the accused is released on bail subject to conditions.
Summary
The Allahabad High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for Shahzad @ Bullet, who is charged under Sections 331(4), 317(2) and 305 of the Bharatiya Nyaya Sanhita, 2023. The applicant contended that he was falsely implicated, that the FIR was originally lodged against an unknown person and that his name was added later without any eyewitness or a proper identification parade of the alleged recovered jewellery. The State opposed bail, emphasizing the seriousness of the offences. The Court examined the nature of the accusations, the severity of the possible punishment and the risk of evidence tampering, and, without commenting on the merits, found that a case for bail existed. Accordingly, the bail application was allowed, subject to a personal bond, two reliable sureties and conditions prohibiting tampering, intimidation and ensuring regular appearance in court.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the nature of the offences and the evidence.
- Whether there is a reasonable apprehension of tampering with evidence or intimidation of witnesses that warrants denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 305, 317(2), 331(4)
Subjects
- bail
- criminal procedure
- evidence tampering
- identification parade
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- court discretion
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 13973 of 2026
Shahzad @ Bullet
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Farhan Khan, Nausheen Fatima
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard learned counsel for the applicant, Shri Ajay Singh, learned AGA for
the State-respondents and perused the record.
This bail application under Section 483 of Bharatiya Nagarik Suraksha
Sanhita, 2023 has been moved on behalf of accused-applicant, Shahzad @
Bullet, seeking enlargement on bail in Case Crime No. 20 of 2026, under
Sections 331(4), 317(2), 305 of the Bharatiya Nyaya Sanhita, 2023, Police
Station Dubhar, District Ballia during the pendency of the trial before the
Court below.
Learned counsel for the applicant submits that the accused-applicant is
innocent and has been falsely implicated in the present case crime
number. It is further submitted that the F.I.R. dated 04.03.2026 was
initially lodged against an unknown person, and the name of the applicant
surfaced during the course of investigation on the basis of alleged
recovery.
Learned counsel contends that there is no independent or eye-witness to
the alleged recovery and that no test identification parade was conducted
for identification of the jewellery. It is also submitted that the applicant
has no criminal antecedents and there is no likelihood of his fleeing from
the course of justice or tampering with the evidence in case he is released
on bail. Accordingly, it is prayed that the applicant be enlarged on bail.
Learned AGA has vehemently opposed the prayer for bail.
BAIL No. 13973 of 2026
2
Considering all above facts and circumstances, the nature of accusations,
severity of the punishment in the case of conviction and nature of supporting
evidence, reasonable apprehension of tampering with the witness and prima
facie, but without commenting on merit of case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the accused-applicant, Shahzad @ Bullet, involved in above mentioned
case crime number be released on bail, on his executing a personal bond
and two reliable sureties each, in the like amount to the satisfaction of the
court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-
operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court,
unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below
will be at liberty to proceed to cancel his bail.
(Ashutosh Srivastava,J.)
May 5, 2026
Vibha Singh
Digitally signed by :-
VIBHA SINGH
High Court of Judicature at Allahabad
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