Allahabad High Court
ARSLANversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
The applicant Arslan was arrested in connection with a case involving a 95% burnt body discovered on 17 December 2025, where the FIR initially named unknown persons. During investigation, a co-accused, Ehtasham, implicated Arslan in a confessional statement, but no other incriminating material was found and the post‑mortem could not determine the cause of death. A charge sheet has been filed, and the applicant has been in custody since 18 December 2025, claiming he is a law‑abiding citizen and will cooperate with the trial. The State opposed bail but did not dispute the factual background. Relying on Supreme Court precedents on bail, the court held that the applicant is entitled to bail, subject to a personal bond, sureties, and strict conditions, and ordered his release.
Issues considered
- Whether bail should be granted to the accused under Section 103(1) and 238(a) of the B.N.S. in light of the confessional statement of a co‑accused and lack of other evidence.
- Whether the applicant's custody is necessary for further investigation or trial.
Legislation cited
- B.N.S. — s. 103(1), 238(a)
Subjects
- bail
- criminal procedure
- confessional statement
- charge sheet
- overcrowded jails
- Section 103
- Section 238
- presumption of innocence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 16776 of 2026
Arslan
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajesh Kumar, Saurabh Kumar Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Saurabh Kumar Pandey, learned counsel for the applicant,
Sri Roshan Kumar Singh, 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. 699 of 2025, under Section 103(1)
and 238 (a) of the B.N.S., Police Station Chhibramau, District Kannauj,
during the pendency of the trial.
3. Contention of learned counsel for the applicant is that initially a 95%
burnt body of the deceased was recovered on 17.12.2025 at 8:30 a.m., and
the police registered the FIR against unknown persons. Subsequently,
during investigation after the arrest of co-accused Ehtasham, the name of
the applicant surfaced in the confessional statement of the said co-
accused. It is further submitted that, as per the post-mortem report of the
deceased, the cause of death could not be ascertained, and there is no
incriminating material against the applicant except the confessional
statement of the co-accused.
4. It is further submitted that the applicant has explained the criminal
history of one case. 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 18.12.2025. In case, he is granted bail, he will not misuse the
liberty of bail and would cooperate in the trial proceedings.
BAIL No. 16776 of 2026
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5. Per contra, learned A.G.A. has vehemently opposed the prayer for bail
but could not dispute the aforesaid facts.
6. 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.,
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.
7. Let the applicant- Arslan, 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.
8. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
9. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
BAIL No. 16776 of 2026
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10. Verification of mobile number and Aadhaar card of the applicant as
well as sureties should be verified by the court concerned.
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
Jail Superintendent, Kannauj 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.
(Arun Kumar Singh Deshwal,J.)
May 18, 2026
SA
Digitally signed by :-
SALMAN ALI
High Court of Judicature at Allahabad
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