Allahabad High Court
AZMALversusSTATE OF U.P.
- Decided
- Bench
- VIVEK VARMA
Holding
The court held that, in the absence of any corroborative evidence linking the accused to the offence and given the prolonged pre‑trial detention, the applicant is entitled to bail.
Summary
The applicant, Azmal, was arrested in connection with a case (Crime No. 197 of 2025) involving alleged offences under Sections 318(4), 336(3), 338, 340(2) of the IPC and Section 61(2) of the CrPC. He contended that his name did not appear in the FIR and that he was implicated only through a statement made by co‑accused Mohd. Afzal while in police custody, which the applicant argued was unreliable and uncorroborated. The State opposed bail but could not produce any independent witness or material linking the applicant to the alleged recovery of a mobile phone and identity documents. The Court observed that there was no corroborative evidence, the applicant had been in custody for over three months, and a similarly situated co‑accused, Waseem, had already been granted bail. Consequently, the Court found no reasonable apprehension of evidence tampering or witness intimidation and held that the applicant was entitled to bail. The bail was ordered on the condition of personal bond, two sureties, and compliance with standard bail conditions.
Issues considered
- Whether bail should be granted when the accused is not named in the FIR and is implicated solely on a co‑accused's custodial statement.
- Whether the absence of corroborative evidence and prolonged pre‑trial detention justify granting bail.
- Whether parity with a similarly placed co‑accused who was granted bail warrants the same relief.
- Whether the State has demonstrated a reasonable apprehension of tampering with evidence or intimidation of witnesses.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 61(2)
- Indian Penal Code — s. 318(4), 336(3), 338, 340(2)
Subjects
- bail
- first information report
- co‑accused statement
- lack of corroboration
- pre‑trial detention
- Indian Penal Code
- Criminal Procedure Code
- parity
- evidence tampering
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14459 of 2026
Azmal
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashok Kumar Mishra, Avesh Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 64
HON'BLE VIVEK VARMA, J.
1. Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma,
learned A.G.A. for the State-opposite party.
2. The present bail application has been filed with the prayer to enlarge the
applicant on bail in Case Crime No. 197 of 2025, under Sections 318(4),
336(3), 338, 340(2), 61(2) B.N.S., Police Station Sherkot, District Bijnor
during the pendency of the trial.
3. Learned counsel for the applicant submits that the applicant was not
named in the first information report and has been falsely implicated in the
present case. The name of the applicant surfaced only on the basis of the
statement of named co-accused Mohd. Afzal recorded while in the police
custody. The said statement, insofar as it implicates the applicant, is
unreliable. The applicant is neither the proprietor nor in any manner
connected with the firm namely MA Traders, Dhampur Road, Sherkot,
Bijnor. Neither any amount was transferred from the bank account of the
aforesaid firm to the bank account of the applicant nor is the applicant a
beneficiary of the illicit transactions. Moreover, the bank account of the
applicant, Aadhar Card, Pan Card and mobile number of the applicant were
not linked with the said firm. False recovery of a Redmi mobile phone,
eleven Aadhar cards and a Voter ID card has been shown from the applicant.
There is no independent witness to the alleged recovery. At this stage there
is no corroborative evidence to link the applicant with the offence.
Identically placed co-accused Waseem has been granted bail by this Court
vide order dated 10.03.2026 passed in Criminal Misc. Bail Application No.
7999 of 2026, Waseem v. State of U.P. The applicant claims parity. After the
BAIL No. 14459 of 2026
2
arrest of the applicant, he has been implicated in other cases, details whereof
have been mentioned in Paragraph-23 of the affidavit. The applicant is in jail
since 21.01.2026 and if he is released on bail, he will not misuse the said
liberty.
4. Learned A.G.A. has opposed the prayer for bail but could not
satisfactorily dispute the aforesaid submissions from the record.
5. Having heard learned counsel for the parties and after perusal of the
record, this Court prima facie finds that the applicant was not named in the
first information report and his name was disclosed by the named co-accused
Mohd. Afzal while in the police custody. There is no independent witness to
the alleged recovery. At this stage there is no corroborative evidence to link
the applicant with the offence. Identically placed co-accused Waseem has
been granted bail by this Court. Moreover, the applicant has remained
confined for more than three months and after submission of the charge-
sheet there is no hope of early conclusion of trial, and no reasonable
apprehension has been brought to the fore by the State that the applicant, if
enlarged on bail, would either tamper with the evidence or delay the trial or
intimidate the witness, therefore, without commenting on the merits of the
case, I am of the opinion that the applicant is entitled to be enlarged on bail.
6. Let the applicant- Azmal, involved in the aforesaid case, be released on
bail on his furnishing a personal bond and two sureties each in the like
amount to the satisfaction of Court concerned subject to the conditions that
he:
(i) shall appear on the date fixed by the trial court;
(ii) shall not tamper with the prosecution evidence; and,
(iii) shall not pressurize the prosecution witnesses.
7. In case of breach of any of the above conditions, the prosecution shall be
at liberty to move bail cancellation application before this Court.
May 7, 2026
SKT/- (Vivek Varma,J.)
Digitally signed by :-
SHIVA KANT TIWARI
High Court of Judicature at Allahabad
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