Allahabad High Court
AZAD KHANversusSTATE OF U.P.
- Decided
- Bench
- SAMEER JAIN
Holding
The court held that, despite being the prime accused and having a prior bail denial, the applicant’s status as a juvenile at the time of the offence, the prolonged pre‑trial detention and lack of criminal history warranted his release on bail.
Summary
The High Court considered a second bail application filed by Azad Khan, who is charged under Sections 302, 147 and 506 of the IPC for a murder‑related offence. The applicant had previously been denied bail and was later declared a juvenile by the Juvenile Justice Board, being about 16 years old at the time of the incident. He had been in custody since June 2024, with the trial progressing slowly – only three of fifteen witnesses had been examined. The State opposed bail, noting the applicant’s status as the prime accused, but did not dispute his juvenile status, lack of criminal history, or the trial delay. The Court observed that the prolonged pre‑trial detention, the applicant’s juvenile status at the time of the alleged crime, and the absence of any criminal record justified granting bail. Consequently, the bail application was allowed subject to standard conditions and a personal bond with sureties.
Issues considered
- Whether a person who was a juvenile at the time of the alleged offence is eligible for bail despite a prior bail denial.
- Whether prolonged pre‑trial detention and slow progress of the trial warrant the grant of bail.
- Whether the absence of a criminal history influences the bail decision for a prime accused.
Legislation cited
- Indian Penal Code — s. 147, 302, 506
Subjects
- bail
- juvenile offender
- pre‑trial detention
- IPC Section 302
- IPC Section 147
- IPC Section 506
- trial delay
- criminal history
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 25519 of 2025
Azad Khan
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashutosh Kumar Gupta, Laxmi Shankar
Yadav
Counsel for Opposite Party(s) : Arvind Kumar Singh, Abhaya Raj Singh,
G.A., Krishna Kumar Chaudhari
Court No. - 65
HON'BLE SAMEER JAIN, J.
1. Supplementary affidavit filed by the applicant is taken on record.
2. Case called out in revised list. None is present on behalf of informant.
3. Heard Sri Ashutosh Kumar Gupta, learned counsel for the applicant and
Dr. S.B. Maurya, learned AGA-I for the State.
4. The instant bail application has been filed seeking release of the applicant
on bail in Case Crime No. 385 of 2024, under Sections 302, 147, 506 IPC,
Police Station Kasya, District Kushinagar during pendency of the trial.
5. Learned counsel for the applicant submits, this is second bail application
filed on behalf of applicant and first bail application of the applicant has
been dismissed by this Court on merit vide order dated 23.01.2025 but after
rejection of first bail application of the applicant, applicant has been declared
juvenile on 06.08.2026 by the Juvenile Justice Board, Kushinagar at
Padrauna and order passed by the Board has been annexed at page-6 of the
supplementary affidavit dated 24.08.2026.
6. He further submits, even in the present matter applicant is in jail since
June, 2024 i.e. for last more than two years and till date out of 15 witnesses
only 3 witnesses could be examined, therefore, there is no likelihood of early
disposal of the trial and even there is no allegation that applicant is delaying
the trial in any manner. He further submits, applicant is not having any
criminal history.
BAIL No. 25519 of 2025
2
7. He further submits, therefore, considering the fact that applicant was
juvenile and he is detained in jail for last more than two years, he may be
enlarged on bail.
8. Per contra, learned AGA opposed the prayer for bail and submits, this is
second bail application filed on behalf of applicant and first bail application
of the applicant has been dismissed on merit after considering the fact that
he appears to be prime accused, who by causing injuries committed the
murder of the deceased but could not dispute the fact that subsequent to
rejection of first bail application of the applicant he has been declared
juvenile by Juvenile Justice Board.
9. Learned AGA also could not dispute the fact that in the present matter
applicant is in jail since June, 2024 and till date out of 15 witnesses only 3
witnesses could be examined. Learned AGA also could not dispute the fact
that applicant is not having any criminal history.
10. I have heard learned counsel for the parties and perused the record of the
case.
11. However, this is second bail application filed on behalf of applicant and
first bail application of the applicant has been dismissed on merit but it
reflects, after rejection of first bail application he has been declared juvenile
by Juvenile Justice Board and from the order passed by Juvenile Justice
Board it reflects, on the date of incident applicant was about 16 years of age.
12. Further, even in the present matter applicant is in jail since June, 2024
i.e. for last more than two years and it reflects, till date out of 15 witnesses
only 3 witnesses could be examined, therefore, it reflects, trial of the case is
moving with languid pace and there is no likelihood of early disposal of the
trial.
13. Further, there is no allegation that applicant is delaying the trial in any
manner. Further, applicant is not having any criminal history.
14. Therefore, considering the facts and circumstances of the case discussed
above, particularly the fact that applicant was juvenile and he is in jail for
last more than two years and he is not having any criminal history, in my
view, applicant is entitled to be released on bail.
15. Accordingly, without expressing any opinion on the merits of the case,
BAIL No. 25519 of 2025
3
the instant bail application is allowed.
16. Let the applicant - Azad Khan be released on bail in the aforesaid case
on 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 appear before the trial court on the dates fixed, unless
his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper
with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social activity.
17. In case of breach of any of the above condition, the prosecution will be
at liberty to move an application before this Court for cancellation of the
bail of the applicant.
18. It is clarified that the observations made herein are limited to the facts
brought in by the parties pertaining to the disposal of bail application and the
said observations shall have no bearing on the merits of the case during trial.
September 18, 2026
AK Pandey
(Sameer Jain,J.)
Digitally signed by :-
ANUPAM KUMAR PANDEY
High Court of Judicature at Allahabad
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