Allahabad High Court
JUNAIDversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
The applicant Junaid was arrested in connection with a violent incident in which Babu died and Javed was injured. While the FIR named 14 persons, the initial statements of the victims did not implicate Junaid, and later statements were contradictory but did not specifically allege that he caused the fatal head injury, which was attributed to another accused. The applicant has no prior criminal record, a charge sheet has already been filed, and co‑accused in similar positions had previously been granted bail. The State opposed bail but could not refute the parity argument. Considering the nature of the offences, the evidence, the applicant’s lack of specific involvement, the precedent of granting bail to similarly situated co‑accused, and the need to alleviate jail overcrowding, the court allowed the bail application with standard conditions.
Issues considered
- Whether the applicant is entitled to bail despite the serious nature of the offences alleged under the IPC.
- Whether parity with co‑accused already released on bail warrants granting bail to the applicant.
- Whether the filing of a charge sheet eliminates the need for custodial interrogation for bail considerations.
Legislation cited
- Indian Penal Code — s. 103(1), 109(1), 115(2), 117(2), 118(1), 190, 191(2), 191(3), 351(3), 352
Subjects
- bail
- Indian Penal Code
- parity
- overcrowded prisons
- charge sheet
- criminal procedure
- murder
- assault
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15165 of 2026
Junaid
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Bharat Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard learned counsel for the applicant, 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. 531 of 2025, under Sections-190, 191(2), 191(3), 115(2), 352,
351(3), 117(2), 118(1), 109(1), 103(1) BNS, Police Station- Bhamaura, District-
Bareilly, during the pendency of the trial.
3. Contention of learned counsel for the applicant is that though in the FIR, general
allegation has been made against 14 persons regarding beating Babu and Javed.
Subsequently, Babu succumbed to injuries. However, the injured Javed in his first
statement did not make any allegation against the applicant. Thereafter, the second
statement of first informant was recorded wherein he had contradicted with the
statement of Javed regarding non-involvement of the applicant and two other named
accused then he could not give satisfactory answer. Thereafter, the injured Javed in his
second statement also made general allegation against the applicant for his
involvement in the aforesaid incident but specific allegation of causing head injury to
deceased Babu has been assigned to the co-accused Khursheed and no specific role
has been assigned to the applicant. The postmortem report of the deceased, Babu also
shows that head injury was found to be deadly as other injuries are on non-vital parts.
He further submitted that co-accused Aas Mohammad and Muslim, having similar
role to that of the applicant, have been enlarged on bail by this Court in Criminal
Misc. Bail Application No.14280 of 2026 and 12500 of 2026 vide order dated
29.04.2026 respectively. Therefore, the applicant is also entitled to be released on bail
on the ground of parity. It is further submitted that the applicant has no criminal
history. It is further submitted that charge sheet has been filed in the present case,
therefore, there is no requirement of custodial interrogation. The applicant is
languishing in jail since 23.12.2025. In case, he is granted bail, he will not misuse the
liberty of bail and would cooperate in the trial proceedings.
4. Per contra, learned A.G.A. vehemently opposed the prayer for bail but could not
BAIL No. 15165 of 2026
2
dispute the parity of the applicant with co-accused, who have been enlarged on bail by
this Court.
5. Considering the entire facts and circumstances of the case, submissions of learned
counsel for the parties and taking into account the fact that similarly situated co-
accused has been enlarged on bail 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 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- Junaid 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.
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.
9. 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.
10. 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
BAIL No. 15165 of 2026
3
applicant.
11. Office is directed to send a copy of this order to the applicant through Bareilly
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.
May 5, 2026
A.Kr.
(Arun Kumar Singh Deshwal,J.)
Digitally signed by :-
AJAY KUMAR
High Court of Judicature at Allahabad
Checking your session…