Allahabad High Court
ASLAM @ SULTANversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to bail.
Summary
The applicant, Aslam @ Sultan, was arrested in a murder case (Criminal Misc. No. 331 of 2025) despite not being named in the FIR; the only evidence against him was a mobile phone recovered after he pointed it out. No other incriminating material was found, and the specific assault allegation was linked to a co-accused, Sajjid, who had a blood‑stained iron rod recovered. The applicant highlighted that a co‑accused with a similar role, Tahbbur Mewati, had already been released on bail, and argued parity, the filing of a charge sheet, and his willingness to cooperate. The State opposed bail but did not dispute these facts. Considering the nature of the offence, the lack of material evidence, jail overcrowding, and Supreme Court precedents (Kapil Wadhawan v. CBI, Maya Tiwari v. State of U.P., and the Policy Strategy for Grant of Bail), the Court granted bail with standard conditions.
Issues considered
- The applicant's entitlement to bail despite the seriousness of the murder charge
- Whether the lack of direct incriminating material against the applicant justifies bail
- Whether parity with a co‑accused already released on bail mandates the same relief
- The impact of the charge sheet filing on the necessity of custodial interrogation
Legislation cited
- B.N.S. — s. 103(1), 3(5), 61(2)
Subjects
- bail
- criminal procedure
- murder
- parity
- overcrowded jails
- charge sheet
- Supreme Court precedent
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14313 of 2026
Aslam @ Sultan
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashutosh Ganguli, Masoom Alam
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Masoom Alam, learned counsel for the applicant, Sri D.P.S.
Chauhan, learned A.G.A. for the State and perused the record.
2. Instant bail application has been filed with a prayer to release the
applicant on bail during the trial in Case crime No.331 of 2025, under
Sections 103(1), 3(5), 61(2) of B.N.S. at Police Station-Kundarki,
District- Moradabad.
3. Contention of learned counsel for the applicant is that the applicant was
not named in the FIR, wherein allegation has been made that some
unknown persons had killed the deceased by causing head injury.
Thereafter on the basis of information from an informer, father of the
deceased Babu Ram and three co-accused persons including the applicant
were arrested. Thereafter on pointing out of the applicant one mobile of
the deceased was recovered and except that mobile phone, there is no
other incriminating material against the applicant. It is further submitted
that specific allegation of assaulting the deceased with rod has been
assigned to co-accused Sajjid and a blood stained iron rod has also been
recovered from the pointing out of the Sajjid. No other incriminating
material has been recovered from the applicant. It is further submitted
that co-accused Tahbbur Mewati, having similar role to that of the
applicant, has been released on bail by this Court in Criminal Misc. Bail
Application No.12299 of 2026 vide order dated 20.04.2026. Therefore,
the applicant is entitled to be released on bail on the ground of parity. It is
BAIL No. 14313 of 2026
2
lastly submitted that charge sheet has been filed by the police, therefore,
there is no requirement for custodial interrogation. The applicant has
explained the criminal history of four cases in the accompanying affidavit
and he is languishing in jail since 04.12.2025. In case, he is granted bail,
he will not misuse the liberty of bail and would cooperate in the trial
proceedings.
4. On the other hand, learned A.G.A. for the State opposed the prayer for
bail but could not dispute the aforesaid fact.
5. Considering the entire facts and circumstances of the case, submissions
of learned counsel for the parties and keeping in view the nature of
offence, evidence, complicity of accused and taking into account
overcrowded jails and heavy pendency of criminal cases before the trial
courts as well as considering the mandate of the judgement of the Apex
Court in the case of Kapil Wadhawan vs Central Bureau of
Investigation reported in 2025 SCC Online SC 3038 as well as guideline
of this Court in the case of Maya Tiwari vs State of U.P. reported in
2024 SCC Online All 6765 regarding grant of bail and without
expressing any opinion on the merits of the case, I am of the opinion that
the applicant is entitled to be enlarged on bail. Accordingly, the present
application is allowed.
6. Let the applicant- Aslam @ Sultan involved in the aforementioned
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,
with the following conditions:-
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 cooperate in the trial/investigation sincerely without
seeking any adjournment.
iii. The applicant shall not indulge in any criminal activity or commission
of any crime after being released on bail.
BAIL No. 14313 of 2026
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iv. The applicant shall attend in accordance with the conditions of the
bond executed by him.
7. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
8. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
9. Verification of mobile number as well as Aadhaar Card of the
applicant and sureties should also be conducted by the court concerned.
10. It is made clear that the applicant shall be released on the basis of
downloaded copy of this order from the official website of High Court
Allahabad and verified by the concerned counsel with the undertaking
that the certified copy will be filed within 15 days.
11. It is directed that the trial court shall send the release order to the
concerned jail through Bail Order Management System (BOMS) to
ensure early release of the applicant.
12. Office is directed to send a copy of this order to the applicant through
Moradabad Jail Superintendent via e-mail or e-prison portal within 24
hours in compliance of the order of the Apex Court in the case of Policy
Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.
4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685.
(Arun Kumar Singh Deshwal,J.)
May 6, 2026
A.Kr.
Digitally signed by :-
AJAY KUMAR
High Court of Judicature at Allahabad
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