Allahabad High Court
JAHIDversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The Court held that the applicant is entitled to bail as the case is fit for bail, without expressing any opinion on the merits.
Summary
The High Court considered a bail application filed by Jahid, who is accused in a criminal case (Crime No. 248 of 2026) under IPC sections 318(4), 338, 336(3) and 340(2). The applicant claimed innocence, alleged false recovery, and pointed out the absence of independent witnesses, while noting that co‑accused had already been released on bail. The State opposed bail but did not refute the applicant’s factual submissions. After weighing the nature of the allegations, the period of custody, and the principle of parity with co‑accused, the Court, without opining on the merits, deemed the case fit for bail. Consequently, the Court ordered the applicant’s release on personal bond and two sureties, subject to standard bail conditions.
Issues considered
- Whether the applicant is entitled to bail despite the seriousness of the offences alleged under IPC sections 318, 336, 338 and 340
- Whether parity with co‑accused who were granted bail warrants granting bail to the applicant
Legislation cited
- Indian Penal Code — s. 318(4), 336(3), 338, 340(2)
Subjects
- bail
- IPC
- section 318
- section 336
- section 338
- section 340
- parity
- false recovery
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 30534 of 2026
Jahid
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Bindeshwari Prasad Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
1. Heard learned counsel for the applicant, learned A.G.A for the State
and perused the record.
2. The applicant is involved in Case Crime No. 248 of 2026 under
Sections -318(4), 338, 336(3), 340(2) BNS Police Station - Barsana
District - Mathura.
3. Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in the present case. It is further submitted
that a false recovery has been shown from the possession of the applicant.
There is no independent public witness of the alleged recovery. It is also
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 the co-accused Javed, Abid,
Mustkeem, Abdul Rashid and Azharuddin have already been granted bail
by this Court vide orders dated 11.08.2026, 19.08.2026, 20.08.2026 and
25.08.2026 passed in Criminal Misc. Bail Application Nos. 27897 of
2026, 29308 of 202629483 of 2026 and 28892 of 2026. The applicant's
case is identical to the co-accused and he is also entitled to bail on the
ground of parity. The applicant has criminal history of one case, which
has been explained in the affidavit filed in support of the bail application.
The applicant is in jail since 08.07.2026. Learned counsel for the
applicant has further submitted that if the applicant is released on bail, the
applicant would not misuse liberty of bail and is ready to co-operate in the
BAIL No. 30534 of 2026
2
trial.
4. Learned A.G.A. opposed the prayer for bail but could not dispute the
aforesaid fact as argued by learned counsel for the applicant.
5. Considering the submission of learned counsel for the parties, facts of
the case, nature of allegation and period of custody, gravity of offence,
without expressing any opinion on the merits of the case, the Court is of
the opinion that it is a fit case for bail. Hence, the bail application is
hereby allowed.
6. Let the applicant - Jahid involved in the aforesaid case be released on
bail on furnishing a personal bond and two sureties each in the like
amount to the satisfaction of the court concerned subject to 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.
7. In case of breach of any of the above conditions, the court below shall
be at liberty to cancel the bail.
(Jai Prakash Tiwari,J.)
September 8, 2026
S.K.
Digitally signed by :-
SWEETY KANOJIA
High Court of Judicature at Allahabad
Checking your session…