Allahabad High Court
SARTAZversusSTATE OF U.P.
- Decided
- Bench
- HARVIR SINGH
Holding
The Court granted bail to the accused, enlarging it during the pendency of the trial subject to conditions.
Summary
The accused, Sartaz, filed a second bail application in Criminal Misc. Bail Application No. 27305 of 2026 after an earlier bail denial on 23 April 2026. He argued that four prosecution witnesses had already been examined and only formal witnesses remained, reducing the risk of influencing evidence, and highlighted his lack of prior criminal record and no flight risk. The State opposed bail but could not refute these facts. The Court noted the change in circumstances, the possibility of witness tampering, and the nature of the offence, and decided to enlarge bail during the trial. Sartaz was ordered to be released on personal bond with two sureties, subject to conditions of attending trial, not tampering with witnesses, and not engaging in illegal activities.
Issues considered
- Whether the change in circumstances, namely the examination of prosecution witnesses and the remaining formal witnesses, warrants granting bail to the accused.
- Whether the accused poses a risk of flight or witness tampering justifying denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 351(3), 352
Subjects
- bail
- criminal procedure
- witness tampering
- change in circumstances
- personal bond
- sureties
- pre‑trial detention
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 27305 of 2026
Sartaz
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohammad Belal
Counsel for Opposite Party(s) : G.A.
Court No. - 82
HON'BLE HARVIR SINGH, J.
1. Heard learned counsel for the accused-applicant, learned A.G.A. for the
State and perused the material available on record.
2. Supplementary affidavit filed today is taken on record.
3. This bail application has been moved on behalf of the accused-
applicant/ Sartaz for grant of bail, in Case Crime No.15 of 2026, under
Sections 109, 118(1), 115(2), 352, 351(3) of Bharatiya Nyaya Sanhita,
2023, Police Station Hafizpur, District Hapur, during pendency of trial.
4. This is the second bail application of the applicant. The first bail
application of the applicant was rejected by this Court vide order dated
23.4.2026 passed in Criminal Misc. Bail Application no. 10853 of 2026.
The new grounds on which the applicant is seeking enlargement on bail
through this application is that during trial, four prosecution witnesses,
namely, PW-1 Shahrukh, PW-2 Tajkar, PW-3 Mursaleem and PW-4
Junaid have been examined during the trial and only formal witnesses
remains to be examined. Learned counsel for the applicant further submits
that, the accused-applicant is languishing in jail in this matter, since
27.02.2026, without having any criminal antecedents and there is no
likelihood that, the accused-applicant, after release on bail, may flee from
the process of law or will misuse the liberty of bail.
5. Learned A.G.A. appearing on behalf of State opposes the prayer for
bail of the applicant, however, he could not dispute the aforesaid facts.
BAIL No. 27305 of 2026
2
6. As per the records, four witnesses have already been examined, who
are witnesses of fact, and the trial has progressed to some extent. It may
also be noted that the likelihood of influencing the witnesses is also
probable, as formal witnesses are yet to be examined. Therefore, there is a
change in the circumstances since the passing of the earlier order dated
23.04.2026. Keeping in view the nature of the offence, evidence,
complicity of the accused, severity of the punishment, submissions of
learned counsel for the parties and without expressing any opinion on the
merits of the case, this Court is of the view that the applicant is entitled to
be enlarged on bail during the pendency of the trial.
7. Let the applicant, Sartaz be released on bail in the aforesaid case on his
executing a personal bond and furnishing two sureties each in the like
amount to the satisfaction of the court concerned subject to the following
conditions:-
i. The applicant will continue to attend and co-operate in the trial pending
before the court concerned on the date fixed after release.
ii. He will not tamper with the witnesses.
iii. He will not indulge in any illegal activities during the bail period.
8. It is further directed that the identity, status and residence proof of the
sureties be verified by the authorities concerned before they are accepted.
9. In case of breach of any of the above conditions, the trial court will be
at liberty to cancel the bail.
(Harvir Singh,J.)
September 7, 2026
Mini
Digitally signed by :-
MINI KANAUJIYA
High Court of Judicature at Allahabad
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