Allahabad High Court
ZEESHANversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court held that, given the applicant’s non‑mention in the FIR, lack of specific involvement, absence of criminal antecedents and the filing of the charge‑sheet, a prima facie case for bail existed and therefore bail was granted.
Summary
The High Court considered a bail application filed by Zeeshan, who was arrested on 14‑02‑2026 in connection with a case under sections 115(2), 352, 109 and 3(5) of the B.N.S. The applicant claimed false implication, stating that the injured parties suffered no grievous injuries and that the FIR was a distorted version of a road‑accident dispute. The State opposed bail, alleging assault with a blade, but could not dispute the applicant’s clean criminal record. The court noted that the applicant’s name does not appear in the FIR, the investigation report is inconsistent with the FIR, and no specific role in causing dangerous injury was assigned to him; a charge‑sheet has already been filed. Finding a prima facie case for bail, the court granted bail subject to personal bond, sureties and standard conditions, and ordered procedural steps for his release.
Issues considered
- Whether bail should be granted to the applicant despite charges under sections 115(2), 352, 109 and 3(5) of the B.N.S.
- Whether the applicant’s non‑mention in the FIR and lack of specific involvement create a prima facie case for bail
- Whether the applicant’s lack of criminal antecedents and period of detention justify bail
Legislation cited
- B.N.S. — s. 109, 115(2), 3(5), 352
Subjects
- bail
- false implication
- FIR
- criminal antecedents
- prima facie case
- section 115(2)
- section 352
- section 109
- section 3(5)
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 16700 of 2026
Zeeshan
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Sharique Ahmed
Counsel for Opposite Party(s) : G.A.
Court No. - 72
HON'BLE RAJIV LOCHAN SHUKLA, 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. 33 of 2026,
under Sections 115(2), 352, 109, 3(5) of the B.N.S., Police
Station- Kidwai Nagar, District- Kanpur Nagar, during the
pendency of the trial.
3. Learned counsel for the applicant contends that the applicant
has been falsely implicated in the present case. The injured,
who are five in number, have not sustained any grievous injury
or any injury that may be called dangerous to life. The learned
counsel for the applicant further contends that a dispute due to
a road accident has been twisted and a First Information Report
(FIR) of assault and attempt to murder has been made. The
applicant has no criminal antecedents and is in jail since
14.02.2026.
4. The learned A.G.A. has opposed the prayer for bail and has
contended that the applicant and the co-accused have assaulted
the injured and have caused grievous injuries using a blade.
The learned A.G.A., however, could not dispute the fact that
the applicant has no criminal antecedents.
5. I have considered the submissions made by the learned
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2
counsel for the parties.
6. The applicant is not named in the FIR. The statement of the
injured recorded during investigation appears to be at variance
with the FIR. No specific role of causing injury, which may be
considered to be dangerous to life, has been assigned to the
applicant. The applicant is in jail since 14.02.2026. A charge
sheet has already been filed and the applicant is no longer
required for any custodial interrogation.
7. Taking into account the entire facts and circumstances of the
case, the period of detention of the applicant, a prima facie case
for bail is made out.
8. The bail application is allowed.
9. Let the applicant - Zeeshan, involved in the aforementioned
crime be released on bail, on his furnishing a personal bond
and two reliable sureties each in the like amount, to the
satisfaction of the Court concerned, subject to the following
conditions:
i. The applicant will not tamper with the evidence.
ii. The applicant will not indulge in any criminal activity.
iii. The applicant will not pressurize/intimidate the prosecution
witnesses and co-operate in the trial.
iv. The applicant will appear regularly on each and every date
fixed by the trial Court, unless his personal appearance is
exempted by the Court concerned.
10. In the event of breach of any of the aforesaid conditions,
the trial Court will be at liberty to proceed to cancel his/her
bail.
11. 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
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3
copy will be filed within 15 days.
12. 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.
13. The observations made hereinabove are exclusively for
deciding the instant bail application and shall not be construed
as an opinion on the merits of the case.
May 18, 2026
Kushal
(Rajiv Lochan Shukla,J.)
Digitally signed by :-
KUSHAL AGRAWAL
High Court of Judicature at Allahabad
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