Allahabad High Court
ANAND @ IKRAR KHANversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court allowed the bail application, granting bail to the accused subject to personal bond, sureties and standard conditions.
Summary
Anand @ Ikrar Khan was charged in a Bareilly case under several IPC sections including 333, 64, 352, 115(2), 351(2) and 308, with the alleged victim being a married woman. The victim’s statement under Section 183 of the CrPC indicated a personal motive related to a family dispute, and there was a three‑month delay in filing the FIR. The applicant’s counsel argued for bail, emphasizing the delay, the nature of the motive, and the lack of any substantive merit assessment at the bail stage. The court, after considering the facts, the victim’s motive, and the delay, found that the applicant had made out a case for bail and ordered his release on personal bond and sureties, subject to conditions not to tamper with evidence or intimidate witnesses. The bail was granted without prejudice to the trial on the merits.
Issues considered
- Whether bail should be granted to the accused during the pendency of trial for offences under IPC sections 333, 64, 352, 115(2), 351(2) and 308 given the circumstances of the case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 183
- Indian Penal Code — s. 115(2), 308, 333, 351(2), 352, 64
Subjects
- bail
- Criminal Procedure Code
- Indian Penal Code
- delay in FIR
- personal motive
- sureties
- witness intimidation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14301 of 2026
Anand @ Ikrar Khan
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Upendra Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sl. No. 41 out of 265)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Upendra Kumar Singh, learned counsel for the applicant, Sri
A.K. Mishra, learned A.G.A. for the State and perused the material placed
on record.
3. Applicant seeks bail in Case Crime No. 103 of 2026, under Sections 333,
64, 352, 115(2), 351(2), 308 BNS, Police Station C.B. Ganj, District
Bareilly, during the pendency of trial.
4. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the fact the victim is a married lady; the statement of the
victim recorded u/s 183 BNSS, whereby she carried motive as she was
against her sister giving the room on rent to the applicant; the delay of about
three months in lodging of FIR and without expressing any opinion on the
merits of the case, prima facie, the Court is of the view that the applicant has
made out a case for bail. Accordingly, the bail application is allowed.
5. Let the applicant- Anand @ Ikrar Khan who is involved in
aforementioned case 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 subject to verification of sureties, with the condition that he shall
not tamper with evidence or intimidate witnesses and shall appear before the
BAIL No. 14301 of 2026
2
trial court as required.
6. Breach of any of the above condition shall entail cancellation of bail. The
observation herein shall not affect the trial on merits.
(Krishan Pahal,J.)
May 7, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
Checking your session…