Allahabad High Court

GULZARversusSTATE OF U.P.

Decided: 7 September 2026
Bench: JAI PRAKASH TIWARI

Holding

The court held that the applicant is entitled to bail as the case is fit for bail, considering the facts, parity with the co‑accused, and the period of custody.

Summary

The High Court considered the bail application of Gulzar, who was in custody since 20 June 2026 in a case under IPC sections 109(1), 333, 131 and 351(3). The applicant's counsel argued that he was falsely implicated, that the injuries were not life‑threatening, and that a co‑accused had already been granted bail, invoking parity. The State opposed bail but did not refute the factual submissions. After weighing the nature of the allegations, the gravity of the offences, the period of custody and the principle of parity, the Court found the case fit for bail without expressing a view on the merits. Consequently, the Court ordered the release of Gulzar 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 charges under IPC sections 109, 333, 131 and 351(3)
Whether parity with a co‑accused who was granted bail warrants granting bail to the applicant
Whether the period of custody and nature of the alleged offences justify the grant of bail

Legislation cited

Indian Penal Code — s. 109, 131, 333, 351

Subjects

bail
Indian Penal Code
section 109
section 333
section 131
section 351
parity
evidence tampering
custody period

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 30544 of 2026

Gulzar
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Parth Shukla, Vivek Singh
Counsel for Opposite Party(s) : G.A.

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

1. Heard Ms. Ashish Shukla, learned counsel holding brief of Sri Parth
Shukla, 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. 88 of 2026 under Sections
-109(1), 333, 131, 351(3) of BNS Police Station - Jansath District -
Muzaffar Nagar.

3. Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in the present case. Learned counsel for
the applicant has submitted that the applicant is innocent and has been
falsely implicated in the present case. No specific role has been assigned
to the applicant. As per medical report, the injuries are not dangerous to
life.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 Mohd.
Zaidi Alias Mohd Kaif has already been granted bail by this Court vide
order dated 01.09.2026 passed in Criminal Misc. Bail Application
No.30595 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 is in jail
since 20.06.2026. 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 trial.

4. Learned A.G.A. opposed the prayer for bail but could not dispute the
BAIL No. 30544 of 2026
2

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 - Gulzar 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

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