Allahabad High Court
MOHD. JUNAIDversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant made out a prima facie case for bail and therefore granted bail.
Summary
Mohd. Junaid, the brother‑in‑law of a married female victim, was arrested on 27 May 2025 in connection with a case (Crime No. 72 of 2025) alleging offences under Sections 85, 115(2), 352, 64(1) of the B.N.S. and Sections 3 and 4 of the D.P. Act. He applied for bail during the pendency of trial, claiming he was falsely implicated, that there is no medical evidence to support the alleged assault, and that he has no prior criminal record. The State opposed the bail but could not refute the applicant’s submissions. The court examined the material on record, noted the absence of medical corroboration and the applicant’s clean record, and concluded that a prima facie case for bail existed. Consequently, the bail application was allowed subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses. The order expressly states that any breach of conditions will lead to cancellation of bail and does not prejudice the trial on merits.
Issues considered
- Whether bail should be granted to the accused given the nature of the alleged offences and the facts on record
- Whether the lack of medical corroboration and the applicant’s relationship to the victim affect the prima facie case for bail
- Whether the applicant’s clean criminal record and willingness to cooperate justify the grant of bail
Legislation cited
Subjects
- bail
- criminal procedure
- false implication
- lack of medical evidence
- sureties
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 24803 of 2025
Mohd. Junaid
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Adil Jamal, Gufran Ahmad Khan,
Mohd Aadil Siddiqui, Sandeep Kumar
Chandan
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sr. No.108 out of 259)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Mohd. Aadil Siddiqui, learned counsel for the applicant, Sri
Ram Mohit Yadav, learned A.G.A. for the State and perused the material
placed on record.
3. Applicant seeks bail in Case Crime No.72 of 2025, under Sections 85,
115(2), 352, 64(1) of B.N.S. and Sections 3/4 of D.P. Act, Police Station-
Mainather, District- Moradabad, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is the
brother-in-law (Jeth) of the victim and has been falsely implicated in the
present case. There is no medical corroboration of the incident. The victim is
a married lady, obviously she is major. The applicant has no criminal history
and is in jail since 27.05.2025. He undertakes to cooperate with the trial and
not misuse the liberty of bail.
5. Learned A.G.A. has vehemently opposed the bail application but could
not dispute the submissions made by the counsel for the applicant.
6. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration that there is no medical corroboration of the incident, and
BAIL No. 24803 of 2025
2
without expressing any opinion on the merits of the case, prima-facie the
Court is of the view that the applicant has made out a case for bail. The bail
application is allowed.
7. Let the applicant- Mohd. Junaid, be released on bail 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.)
April 23, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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