Allahabad High Court
SAYYAD MOHAMMAD AVIDversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that, on a prima facie basis, the applicant is entitled to bail pending trial, subject to bond and sureties.
Summary
Sayyad Mohammad Avid was arrested in connection with alleged forgery of documents to obtain two passports and was charged under several sections of the Indian Penal Code and Section 12(1) of the Passports Act. Two FIRs were lodged for the same incident, leading the applicant to claim double jeopardy. He has no prior criminal record and has been in custody since 2 April 2026. The applicant sought bail, undertaking to cooperate with the trial and not misuse liberty. The High Court, after considering the submissions and the prima facie nature of the case, granted bail on the condition of a personal bond, two sureties, and compliance with standard bail conditions.
Issues considered
- Whether the applicant is entitled to bail pending trial for the offences alleged under the IPC and the Passports Act.
- Whether the filing of two FIRs for the same incident constitutes double jeopardy that impacts the grant of bail.
Legislation cited
- Indian Penal Code — s. 318(4), 319(2), 336(3), 338, 340(2)
- Passports Act, 1967 — s. 12(1)
Subjects
- bail
- double jeopardy
- Indian Penal Code
- Passports Act
- forgery
- criminal procedure
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 18997 of 2026
Sayyad Mohammad Avid
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Chandra Kumar Rai
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.88 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Chandra Kumar Rai, learned counsel for the applicant, Sri R.P.
Patel, learned State Law Officer for the State and perused the material
placed on record.
3. Applicant seeks bail in Case Crime No.124 of 2026, under Sections
319(2), 318(4), 338, 336(3), 340(2) B.N.S. and 12(1) of Passport Act, Police
Station Kotwali, District Azamgarh, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant has been
put to double jeopardy, as two FIRs have been instituted regarding the same
incident. He is a rustic person and had no knowledge that the said documents
had been forged regarding his date of birth for the issuance of two
passports. The applicant has no criminal history and is in jail since
02.04.2026. He undertakes to cooperate with the trial and not misuse the
liberty of bail.
5. Learned State Law Officer has vehemently opposed the bail application
but the submissions raised by the learned counsel for the applicant could not
be disputed.
6. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, and without
expressing any opinion on the merits of the case, prima-facie the Court is of
BAIL No. 18997 of 2026
2
the view that the applicant has made out a case for bail. The bail application
is allowed.
7. Let the applicant- Sayyad Mohammad Avid, be released on bail in the
aforementioned case crime on furnishing a personal bond and two sureties to
the satisfaction of the court concerned, subject to verification of sureties,
with the conditions that he shall not tamper with evidence or intimidate
witnesses and shall appear before the trial court as required.
8. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 8, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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