Allahabad High Court
SARMANversusSTATE OF U.P.
- Decided
- Bench
- SAMEER JAIN
Holding
The applicant is entitled to be released on bail.
Summary
The Allahabad High Court considered a bail application filed by Sarman in Criminal Case No.135 of 2025, which is based on Sections 103(1) and 238. The case rests on circumstantial evidence; the FIR did not name any accused and the applicant was implicated solely on suspicion and his own confessional statement, with no other evidence or disclosed motive. The applicant has no prior criminal record and has been in custody since 7 October 2025. The State opposed bail but did not contest the factual submissions. The Court held that, in view of the lack of substantive evidence and the applicant's clean record, he is entitled to bail, subject to a personal bond, sureties, and specific conditions.
Issues considered
- Whether bail should be granted in a case where the prosecution's case is purely circumstantial, based only on a confessional statement and suspicion, with no disclosed motive.
- Whether the applicant's lack of prior criminal history and prolonged pre‑trial detention justify bail.
Subjects
- bail
- circumstantial evidence
- confessional statement
- no prior criminal record
- suspicion
- pre‑trial detention
- bail conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 28811 of 2026
Sarman
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Akhilesh Kumar Khare
Counsel for Opposite Party(s) : G.A.
Court No. - 65
HON'BLE SAMEER JAIN, J.
1. Supplementary affidavit filed by the applicant is taken on record.
2. Heard Sri Akhilesh Kumar Khare, learned counsel for the applicant and
Sri Imran Khan, learned AGA for the State.
3. The instant bail application has been filed seeking release of the
applicant on bail in Case Crime No.135 of 2025, under Sections 103(1),
238 BNS, Police Station Lahchura, District Jhansi, during pendency of
the trial.
4. Learned counsel for the applicant submits, it is a case of circumstantial
evidence and nobody was named in the FIR but during investigation
without any evidence merely on the basis of suspicion applicant has been
made accused in the present matter.
5. He further argued, in the instant matter except confessional statement
of applicant recorded by the I.O. there is no other evidence against the
applicant on record.
6. He further submits, however it is a case of circumstantial evidence but
prosecution did not even disclose any motive against the applicant.
7. He further argued, applicant is not having any criminal history and in
the present matter he is in jail since 07.10.2025 i.e. for last almost one
year.
BAIL No. 28811 of 2026
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8. Per contra, learned AGA however opposed the prayer for bail but could
not dispute the arguments on facts advanced by the learned counsel for
the applicant.
9. I have heard learned counsel for the parties and perused the record of
the case.
10. It is a case of circumstantial evidence and nobody was named in the
FIR. It reflects, during investigation on the basis of suspicion applicant
has been made accused in the present matter. It further reflects, except
suspicion and confessional statement of applicant recorded by the I.O.
there is no other evidence against the applicant on record.
11. Further, however it is a case of circumstantial evidence but even
prosecution did not disclose any clear motive against the applicant.
12. Further, applicant is not having any criminal history and in the present
matter he is in jail since 07.10.2025 i.e. for last almost one year.
13. Therefore, considering the facts and circumstances of the case
discussed above, in my view, applicant is entitled to be released on bail.
14. Accordingly, without expressing any opinion on the merits of the
case, the instant bail application is allowed.
15. Let the applicant - Sarman 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.
BAIL No. 28811 of 2026
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16. 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.
17. 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.
(Sameer Jain,J.)
September 18, 2026
Shahroz
Digitally signed by :-
SHAHROJ ALAM
High Court of Judicature at Allahabad
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