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Allahabad High Court

NISARversusSTATE OF U.P.

Decided

Holding

The court allowed the bail application, granting bail to the accused during the pendency of the trial.

Summary

The applicant, Nisar, was arrested in connection with a theft alleged to have occurred in a temple and is charged under Sections 305 and 331(4) of the Indian Penal Code. He contended that he was falsely implicated, not named in the FIR, and that the co-accused Jubair had disclosed his name without basis. The applicant submitted affidavits asserting his innocence, lack of incriminating material, and a clean criminal record, and offered a personal bond with sureties. The State opposed the bail, but the court examined the nature of the allegations, the applicant's claim of innocence, and the prolonged pendency of the trial. Concluding that bail was appropriate pending trial, the court granted the application subject to standard conditions, without expressing any view on the merits of the case.

Issues considered

  • Whether bail should be granted to the accused Nisar under Sections 305 and 331(4) of the Indian Penal Code pending trial.

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • Section 305
  • Section 331(4)
  • theft
  • criminal procedure
  • presumption of innocence
  • conditions of bail

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 30347 of 2026

Nisar
                                                            .....Applicant(s)
                                   Versus

State of U.P.
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)                    :   Vikram Shah Sisodia
Counsel for Opposite Party(s)               :   G.A.

Court No. - 70
                 HON'BLE JAI PRAKASH TIWARI, J.

Heard learned counsel for the applicant and learned AGA for the State-
respondent and perused the record of the case.

The instant application has been filed seeking release of the applicant on
bail in Case Crime No. 0372 of 2025, under Sections 305, 331(4) BNS,
Police Station- Gabhana, District- Aligarh, during pendency of the trial in
the court concerned.

Learned counsel for the applicant submitted that the applicant is
absolutely innocent and has been falsely implicated in the present case
due to some ulterior motive. The present FIR relates to alleged theft
committed in the temple. The applicant is not named in the FIR and his
name has been disclosed by co-accused Jubair. It is next submitted that
applicant is having no concern with the allegations levelled against him
and he has not committed any offence as alleged by prosecution. It is next
submitted that nothing incriminating has been recovered from the
possession of the applicant. Criminal history of the applicant has been
explained in the affidavit and supplementary affidavit filed in support of
the instant bail application and the applicant is languishing in jail since
4.7.2026. It is also submitted that the applicant undertakes that he will not
misuse the liberty, if granted. It has also been pointed out that in the wake
of heavy pendency of cases in the Court, there is no likelihood of any
early conclusion of trial.

The prayer for bail has been vehemently opposed by learned A.G.A.

Considering the facts and circumstances of the case, perusing the record,
evidence and also considering the nature of allegations, arguments
advanced by the learned counsel for the parties, this Court is of the view
that the applicant is entitled to be enlarged on bail during the pendency of
the trial.
                                                                                            BAIL No. 30347 of 2026
                                                                    2


                                    Accordingly, without expressing any opinion on the merits of the case,
                                    the instant bail application is allowed.

                                    Let applicant, Nisar 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 not tamper with the evidence during the trial.

                                    (ii). The applicant will not pressurize/ intimidate the prosecution witness.

                                    (iii). The applicant will appear before the trial court on the date fixed,
                                    unless personal presence is exempted.

                                    (iv). The applicant shall not commit an offence similar to the offence of
                                    which he is accused, or suspected, of the commission of which he is
                                    suspected.

                                    (v). The applicant shall not directly or indirectly make any 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 to any police
                                    officer or tamper with the evidence.

                                    It is further directed that the identity, status and residence proof of the
                                    sureties be verified by the authorities concerned before they are accepted.

                                    In case of breach of any of the above conditions, the trial court will be at
                                    liberty to cancel the bail.

                                    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.


                                                                                        (Jai Prakash Tiwari,J.)
                                    September 8, 2026
                                    KK Patel




Digitally signed by :-
KRISHN KANT PATEL
High Court of Judicature at Allahabad


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