Allahabad High Court
JAHID URF JAHANAINversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The bail application is dismissed; the accused is not entitled to bail at this stage of the proceedings.
Summary
The applicant, Jahid Urf Jahanain, filed a bail application in a criminal case (Crime No. 370 of 2021) involving offences under Sections 364, 302, 201, 394 and 411 of the IPC. He claimed innocence, argued that his four‑year pre‑trial detention violated his Article 21 rights, and asserted that he would not misuse bail. The State opposed, contending that there is evidence against him. The court noted that the trial is at an advanced stage – the accused’s statement under Section 313 CrPC was recorded on 19‑8‑2025 and final arguments are scheduled for 12‑3‑2026 – and therefore found it inappropriate to grant bail at this juncture. Consequently, the bail application was rejected as lacking merit, with a direction that the trial proceed expeditiously, citing recent Supreme Court judgments. The observations were limited to the bail application and do not affect the trial’s merits.
Issues considered
- Whether bail should be granted to the accused given the prolonged pre‑trial detention and the stage of the trial.
- Whether the existence of evidence and the pending trial proceedings preclude the grant of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 313
- Constitution of India — s. Article 21
- Indian Penal Code — s. 201, 302, 364, 394, 411
Subjects
- bail
- pre‑trial detention
- IPC
- CrPC
- Article 21
- right to liberty
- trial delay
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14106 of 2025
Jahid Urf Jahanain
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Dinesh Kumar Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 66
(Sl. No.38 out of 116)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Dinesh Kumar Yadav, learned counsel for applicant, Sri Sunil
Kumar, learned A.G.A. for the State / learned State Law Officer and perused
the material placed on record.
3. The present bail application has been filed by the applicant in Case Crime
No. 370 of 2021, under Sections 364, 302, 201, 394, 411 IPC, Police Station
Kithore, District Meerut, with the prayer to enlarge him on bail.
4. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. The
applicant is in jail since 10.9.2021 and more than four years have passed
since his incarceration. His fundamental rights enshrined under Article 21 of
the Constitution of India stand violated as there is no likelihood of early
conclusion of trial in near future. In case, the applicant is released on bail, he
will not misuse the liberty of bail.
5. Per contra, learned A.G.A. has vehemently opposed the bail application
on the ground that there is evidence against the applicant.
6. This Court had called for the status of trial. As per the status report
dated 10.3.2026, statement of the accused u/s 313 Cr.P.C. was recorded
on 19.8.2025 and the case is fixed for final arguments on 12.3.2026, as
such, it would not be proper to adjudicate on the bail application at this
BAIL No. 14106 of 2025
2
stage.
7. After hearing learned counsel for the parties and taking into consideration
the status report, I do not find it a fit case for grant of bail to the applicant.
The bail application is found devoid of merits and is, accordingly, rejected.
8. However, it is directed that the aforesaid case pending before the trial
court be decided expeditiously as early as possible in view of the principle as
has been laid down in the recent judgments of the Supreme Court in the
cases of Vinod Kumar vs. State of Punjab; 2015 (3) SCC 220 and Hussain
and Another vs. Union of India; (2017) 5 SCC 702, if there is no legal
impediment.
9. It is clarified that the observations made herein are limited to the facts
brought in by the parties pertaining to the disposal of bail application and the
said observations shall have no bearing on the merits of the case during trial.
(Krishan Pahal,J.)
March 19, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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