Allahabad High Court
SADIMversusSTATE OF U.P.
- Decided
Holding
The court held that the applicant is entitled to bail and ordered his release on bail subject to specified conditions.
Summary
The High Court considered a bail application filed by Sadim, accused in a case involving multiple IPC offences including murder and attempt to murder. The applicant claimed he was hospitalized at the time of the incident and that no weapon was recovered, asserting that he was falsely implicated. The State opposed bail but did not dispute the factual background. Relying on Supreme Court precedents (Kapil Wadhawan v. CBI, Maya Tiwari v. State of U.P., and the Policy Strategy for Grant of Bail) and the need to decongest jails, the Court granted bail without expressing an opinion on the merits, imposing several conditions. The order directed verification of identities, sureties, and electronic transmission of the release order to the jail.
Issues considered
- Whether bail should be granted to an accused of serious offences such as murder and attempt to murder despite the nature of the charges.
- Whether the applicant's alibi of hospital admission and lack of weapon recovery justify granting bail.
- How the Supreme Court’s guidelines in Kapil Wadhawan (2025), Maya Tiwari (2024), and the Policy Strategy for Grant of Bail (2023) apply to the present bail application.
- Whether the applicant poses a risk of tampering with evidence, influencing witnesses, or committing further offences if released.
Legislation cited
- Indian Penal Code — s. 103(1), 115(2), 190, 191(2), 191(3), 333, 351(3), 352, 61(2)
Subjects
- bail
- criminal procedure
- Indian Penal Code
- murder
- alibi
- overcrowded jails
- Supreme Court precedent
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15494 of 2026
Sadim
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Syed Ali Imam
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Syed Ali Imam, learned counsel for the applicant, 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 applicant on bail in Case Crime No. 608 of 2025, under Sections-
191(2), 191(3), 190, 333, 115(2), 352, 351(3), 103(1), 61(2) BNS,
Police Station-Modi Nagar, District-Ghaziabad, during the pendency
of the trial.
3. Contention of learned counsel for the applicant is that in the FIR as
well as in the statement of first informant as well as in the statement
of wife, general allegation has been made against the applicant that
he along with other six co-accused persons came to the house of the
deceased and after dragging him out from the house, started beating
him infront of the shop of Sachin and fired upon him and shot him
dead. It is further submitted that it was also mentioned in the FIR that
Imrana was also the eye witness of the incident, though,
subsequently, the brother of the deceased who was also the eye
witness of the incident has stated that applicant was not present with
the co-accused persons, who had killed the deceased, though the
applicant was also involved in the conspiracy along with the co-
accused Abid and for that reason, the applicant was admitted in the
hospital one day prior to the date of incident. It is further submitted
that discharge summary of the applicant itself shows that he was
admitted in District Hospital, Ghaziabad on 15.10.2025 and
discharged on 18.10.2025 and this fact is also substantiated by the
brother of the deceased. It is further submitted that there is no
recovery of any weapon on pointing out of the applicant, he has been
BAIL No. 15494 of 2026
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falsely implicated only on the basis of apprehension and doubt. It is
further submitted that the applicant has explained the criminal history
of two cases in the accompanying affidavit. 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 a law abiding
citizen and he is languishing in jail since 26.12.2025. 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. 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 applicant is entitled to be enlarged on bail.
6. Let the applicant- Sadim, 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.
BAIL No. 15494 of 2026
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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 and Aadhaar card of the applicant as
well as sureties should be verified by the court concerned.
10. It is made clear that the applicant 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 applicant.
12. Office is directed to send a copy of this order to the applicant
through Ghaziabad 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 7, 2026
S.C.
(Arun Kumar Singh Deshwal,J.)
Digitally signed by :-
SHUBHAM CHAURASIA
High Court of Judicature at Allahabad
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