Allahabad High Court
SAIF ALI @ ASLAM @ SHAUKIYAversusSTATE OF U.P.
- Decided
Holding
The court held that the applicant is entitled to bail.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Saif Ali, who is charged with offences under Sections 394, 506, 411, 120‑B of the Indian Penal Code and Section 3/25(1B) of the Arms Act. The applicant contended that he is innocent, that his name surfaced only in the confessional statements of co‑accused who have already been granted bail, and that he has no prior criminal record. The State opposed bail, arguing that the allegations are serious and the applicant is implicated in the FIR. After reviewing the record, the court, without expressing an opinion on the merits, found the case suitable for bail and ordered his release on a personal bond of Rs. 50,000 with two sureties, subject to several conditions. The order emphasized that the bail grant does not prejudice the trial court’s independent assessment of evidence. The court also warned that breach of any condition would lead to cancellation of bail.
Issues considered
- Whether bail can be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for offences under the IPC and Arms Act pending trial.
- Whether the applicant's alleged involvement, based solely on co‑accused statements, warrants denial of bail.
- Whether the court may impose conditions on bail and the effect of breach of those conditions.
Legislation cited
- Arms Act — s. 3/25(1B)
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Indian Penal Code — s. 120-B, 394, 411, 506
Subjects
- bail
- Bharatiya Nagarik Suraksha Sanhita
- Indian Penal Code
- Arms Act
- criminal conspiracy
- trial pendency
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14132 of 2026
Saif Ali @ Aslam @ Shaukiya
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Arvind Kumar Sahu, Praveen Kumar
Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Praveen Kumar Srivastava, learned counsel for the
applicant, and Shri Ashish Kumar Tripathi, learned AGA for the State-
respondents and perused the record.
2. The present bail application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023, has been filed on behalf of applicant, with a
prayer to release him on bail in Case Crime No.245 of 2023, under
Sections 394, 506, 411, 120-B of I.P.C. and Section 3/25 (1B) of Arms
Act, registered at Police Station Jarifnagar, District Budaun, during
pendency of the trial.
3. It has been submitted by learned counsel for the applicant that the
applicant is innocent and has been falsely implicated in this case due to
ulterior motive. It is further submitted that the first information report has
been lodged against two unknown persons and the name of the applicant
has surfaced in their confessional statement of arrested co-accused Wahid
and Taslim alias Imran Alias Bhikhari, who have already been granted
bail by the Co-ordinate Bench of this Court. It is further submitted that the
applicant is languishing in jail since 22.12.2023 and the applicant is
having no criminal history, undertakes that he will not misuse the liberty,
if granted. It has also been pointed out that in the wake of heavy pendency
of cases in the Court, there is no likelihood of any early conclusion of
trial.
BAIL No. 14132 of 2026
2
4. Per contra learned A.G.A. has opposed the prayer for bail of the
applicant.
5. As per first information report, two unknown accused persons are said
to have committed theft of jewellery and other household articles in the
house of the first informant and during the name of the applicant has
surfaced in their confessional statement of arrested co-accused Wahid and
Taslim alias Imran Alias Bhikhari, who have already been granted bail by
the Co-ordinate Bench of this Court. It is further submitted that the
applicant is languishing in jail since 22.12.2023 and the applicant is
having no criminal history.
6. Upon considering the totality of facts, nature and the evidence reflected
from record and without expressing any opinion on merits of the case, I
find it to be a fit case for bail. Hence, the present bail application is
allowed.
7. Let the applicant- Saif Ali @ Aslam @ Shaukiya involved in the
aforesaid case crime shall be released on bail on his furnishing a personal
bond of Rs. 50,000/- with two sureties each in the like amount to the
satisfaction of the Court concerned :-
(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 not pressurize/intimidate the prosecution
witnesses.
(iii) The applicant shall remain present, in person, before the trial court on
the dates fixed for (i) opening of the case, (ii) framing of charge and (iii)
recording of statement under Section 351 of B.N.S.S.
(iv) The applicant shall file an undertaking to the effect that he shall not
seek any adjournment on the dates fixed for evidence when the witnesses
are present in the trial court.
(v) The applicant shall remain present before the trial court on each date
BAIL No. 14132 of 2026
3
fixed, either personally or through his counsel.
8. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
9. It is clarified that anything said in this order is limited to the purpose of
determination of this bail application and will in no way be construed as
an expression on the merits of the case. The trial court shall be absolutely
free to arrive at its independent conclusions on the basis of evidence led
unaffected by anything said in this order.
(Jitendra Kumar Sinha,J.)
May 6, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
Checking your session…