Allahabad High Court
JAINUDDINversusSTATE OF U.P.
- Decided
Holding
The court refused bail, holding that the applicant’s alleged presence with the deceased and the recovered blood‑stained cloth and weapon justify his continued detention.
Summary
The applicant, Jainuddin, was arrested in connection with a murder case (Criminal Case No. 287 of 2021) under Sections 302 and 201 of the Indian Penal Code. The prosecution alleges that the deceased was last seen with the applicant, and blood‑stained clothing and a weapon recovered from the scene were linked to the applicant through a witness statement. The applicant argued that the mother of the deceased later said the deceased was with him, that only five of twenty‑two witnesses had been examined, and that the charge sheet had already been filed, therefore bail should be granted. The State opposed bail, emphasizing the eyewitness identification and forensic evidence. The court held that the applicant's presence with the deceased, as established by the witness and the recovered blood‑stained items, warranted continued custody and denied bail. The bail application was rejected, and the trial court was directed to expedite the trial within six months.
Issues considered
- Whether bail can be granted to an accused under Sections 302 and 201 IPC during trial despite eyewitness identification and forensic evidence.
- Whether the mother’s statement that the deceased was with the applicant affects the bail consideration.
- Whether the filing of the charge sheet eliminates the need for custodial interrogation for bail purposes.
Legislation cited
- Indian Penal Code — s. 201, 302
Subjects
- bail
- murder
- IPC Section 302
- IPC Section 201
- evidence
- witness testimony
- forensic evidence
- trial expeditious
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14190 of 2025
Jainuddin
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Abhishek Tiwari, Virendra Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Virendra Singh, learned counsel 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.287 of 2021, under Sections- 302, 201
IPC, Police Station- Fatehabad, District- Agra, during the pendency of the
trial.
3. This is the second bail application filed on behalf of the applicant and
his first bail application has been dismissed by co-ordinate bench of this
Court vide order dated 17.10.2022 passed in Criminal Misc. Bail
Application No.43651 of 2022.
4. Contention of learned counsel for the applicant is that as per the
prosecution story, deceased left the house on 21.08.2021 at 10 A.M. and
did not return till 10 P.M. and when father of the deceased called up the
deceased on his mobile phone, it was received by a policeman, who
informed that his son has been murdered by slashing his neck by some
unknown persons. Thereafter, an FIR was lodged and as per the
postmortem, deceased received two incised wound and three stab wound.
Subsequently, the applicant was arrested on the basis of statement of one
BAIL No. 14190 of 2025
2
Hidayatullah who has seen the deceased in the company of the applicant
on 21.08.2021, therefore, applicant was arrested and on his pointing out
his blood stained clothes as well as blood stained Hasiya were recovered
on 25.08.2025 and the same was sent for FSL. It is further submitted that
though, Hidayatullah has narrated the same story before the trial court but
the mother of the deceased has stated that she talked to the deceased at 7
P.M. on 21.08.2021 and deceased informed her that he is with the present
applicant, therefore, if the mother of the deceased was aware about the
presence of the applicant with the deceased then this fact could have been
mentioned in the FIR. No other new ground was advanced before this
Court.
5. It is further submitted that till date five witnesses have been examined
out of total 22 witnesses, therefore, applicant is entitled to be released on
bail during trial. It is also 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
26.08.2021. In case, he is granted bail, he will not misuse the liberty of
bail and would cooperate in the trial proceedings.
6. Per contra, learned A.G.A. has vehemently opposed the prayer for bail
and submitted that deceased was lastly seen in the company of applicant
by witness Hidayatullah and on his pointing out blood stained cloth of the
deceased and blood stained Hasiya were recovered, which were also sent
for FSL. Therefore, applicant is not entitled to be released on bail.
7. Considering the aforesaid submission and taking into account the fact
that, merely on mentioning the name of the applicant in the statement of
mother of the deceased during trial, will not benefit the applicant as he
was seen in the company of deceased by a witness and there is recovery
of blood stained cloth as well as blood stained weapon and these
questions can be considered during trial, this court is not inclined to
release the applicant on bail.
8. Therefore, the bail application of the applicant is rejected.
9. However, considering the fact that this Court vide order dated
17.10.2022 directed the trial court to conclude the trial expeditiously,
BAIL No. 14190 of 2025
3
preferably within a period of six months, therefore, the trial court is
further directed to conclude the trial as expeditiously as possible, in
compliance of the order dated 17.10.2022 passed in Criminal Misc. Bail
Application No.43651 of 2022.
(Arun Kumar Singh Deshwal,J.)
April 27, 2026
S.A.
Digitally signed by :-
SALMAN AHMAD
High Court of Judicature at Allahabad
Checking your session…