Allahabad High Court

RAEES ALIAS RAHEES AND ANOTHERversusSTATE OF U.P.

Decided: 22 September 2026
Bench: ARUN KUMAR SINGH DESHWAL

Holding

The applicants are entitled to bail.

Summary

The applicants, Raees (alias Rahees) and Kallu, sought bail in a murder case (Criminal Misc. Bail Application No. 15439 of 2025) where they were not named in the FIR but were implicated through a witness statement. The prosecution had filed a charge sheet under IPC sections 333, 310(3) and 317(3) and opposed bail, while the defence highlighted the lack of direct allegations against the applicants, their clean record, and the fact that co‑accused had already been released on bail. The court considered the nature of the offence, the evidence, the principle of parity with co‑accused, and the prevailing concerns of jail overcrowding, relying on Supreme Court precedents such as Kapil Wadhawan v. CBI and Maya Tiwari v. State of U.P. Without expressing an opinion on the merits, the judge held that the applicants were entitled to bail. Accordingly, the bail application was allowed subject to personal bond, sureties and standard conditions.

Issues considered

Whether bail can be granted to accused not named in the FIR but implicated through a witness statement in a murder case
Whether the filing of a charge sheet negates the need for custodial interrogation for bail purposes
Whether parity with co‑accused already released on bail warrants granting bail to the applicants
Application of Supreme Court bail guidelines in the context of serious offences and jail overcrowding

Legislation cited

Indian Penal Code — s. 310(3), 317(3), 333

Subjects

bail
murder
Indian Penal Code
criminal procedure
jail overcrowding
parity
witness statement
charge sheet
Supreme Court precedent

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 15439 of 2025

Raees Alias Rahees And Another
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)

Counsel for Applicant(s) : Pramod Kumar Srivastava
Counsel for Opposite Party(s) : G.A.

Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.

1. Heard Sri Pramod Kumar Srivastava, learned counsel for the
applicants and 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 applicants on bail in Case Crime No.705 of 2024, under section
333, 310(3), 317 (3) B.N.S., Police Station Kotwali Karwi, -District-
Chitrakoot, during the pendency of the trial.

3. Contention of learned counsel for the applicants is that applicant
was not named in the FIR wherein the allegation has been made that
some unknown persons came into his house and committed murder
of his 14 year daughter by slashing her throat. It is further submitted
that name of the applicant and co-accused was surfaced in the
statement of Sahil @ Abbey, who allegedly saw the incident in
question. In his statement, Sahil @ Abbey has made specific
allegation of slashing the throat of the deceased against the co-
accused Guddu and no specific allegation has been assigned to the
applicant except the allegation to accompany Guddu. It is further
submitted that co-accused Guddu and Irfan, have already been
released on bail by a coordinate Bench of this Court in Criminal Misc.
Bail Application Nos.36033 of 2025 and 1767 of 2025 vide orders
dated 18.08.2026 and 09.09.2026 respectively. Therefore, the
applicant is also entitled to be released on bail on the ground of
parity. It is lastly submitted that charge sheet has been filed by the
police, therefore, there is no requirement for custodial interrogation.
The applicants have no criminal history and they are languishing in
jail since 22.12.2024. In case, they are granted bail, they will not
misuse the liberty of bail and will cooperate in the trial proceedings.
BAIL No. 15439 of 2025
2

4. Learned A.G.A. has vehemently opposed the prayer for bail but
could not dispute the aforesaid facts.

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 the 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 applicants are entitled to be enlarged on
bail. Accordingly, the present application is allowed.

6. Let the applicants- Raees @ Rahees and Kallu, involved in the
aforementioned crime be released on bail, on their 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 applicants 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 them from disclosing such facts to the Court or to
any police officer or tamper with the evidence.

ii. The applicants shall cooperate in the trial/investigation sincerely
without seeking any adjournment.

iii. The applicants shall not indulge in any criminal activity or
commission of any crime after being released on bail.

iv. The applicants shall attend in accordance with the conditions of
the bond executed by them.

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 applicants and sureties
be verified by the court concerned before the bonds are accepted.

9. Verification of Aadhaar card as well as mobile number of the
applicants and sureties should also be conducted by the court
concerned.
BAIL No. 15439 of 2025
3

10. It is made clear that the applicants shall be released on the basis
of computer generated copy of this order, downloaded 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 further 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 applicants.

12. Office is directed to send a copy of this order to the applicant
through Chitrakoot Jail Superintendent via e-mail or on e-prison
portal and Trial Court via e-mode 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 as well as Pila Pahan @
Peela Pahan and others Vs. State of Jharkhand and another, in
Writ Petition (Criminal) No. 169 of 2025, decided on 29.05.2026.

September 23, 2026
S.C.
(Arun Kumar Singh Deshwal,J.)

Digitally signed by :-
SHUBHAM CHAURASIA
High Court of Judicature at Allahabad

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