Allahabad High Court

UBAID ULLAversusSTATE OF U.P.

Decided: 7 September 2026
Bench: JAI PRAKASH TIWARI

Holding

The court held that the applicant is entitled to bail during the trial, subject to conditions, without expressing any opinion on the merits of the case.

Summary

The applicant, Ubaid Ulla, was arrested in connection with a criminal case (Crime No. 103 of 2026) involving offences under IPC sections 318(2), 336(3), 338, and 340(2). He contended that he was falsely implicated, not named in the FIR, and had no incriminating material recovered from his possession. The State opposed his bail, while the applicant’s counsel argued his innocence, lack of prior criminal history, and the long pendency of trial as reasons for release. The court examined the nature of the allegations, the applicant’s claim of innocence, and the procedural safeguards under Section 61(2) of the CrPC. Concluding that the circumstances did not warrant denial of bail, the court granted bail without commenting on the merits of the case. The bail was conditioned on a personal bond, two sureties, and specific undertakings to not tamper with evidence or intimidate witnesses.

Issues considered

Whether the applicant is entitled to bail during the pendency of trial under Section 61(2) of the Criminal Procedure Code despite serious charges under IPC sections 318, 336, 338, and 340
Whether the facts and circumstances disclosed justify the grant of bail

Legislation cited

Code of Criminal Procedure, 1973 — s. 61(2)
Indian Penal Code — s. 318(2), 336(3), 338, 340(2)

Subjects

bail
Criminal Procedure Code
Indian Penal Code
presumption of innocence
sureties
conditions of bail
trial pendency

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 30427 of 2026

Ubaid Ulla
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Mukul Yadav, Rajesh Yadav
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. 103 of 2026, under Sections 318(2), 338, 336(3),
340(2), 61(2) BNS, Police Station- Naugawan Sadat, District- Amroha,
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 applicant is not named in the FIR and
his name was surfaced in the present matter during the course of
investigation. 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 instant bail application and he is
languishing in jail since 29.5.2026. 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.

Accordingly, without expressing any opinion on the merits of the case,
the instant bail application is allowed.
BAIL No. 30427 of 2026
2

Let applicant, Ubaid Ulla 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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