Allahabad High Court
AASIMversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The court held that the applicant is entitled to bail during the pendency of the trial.
Summary
The High Court of Allahabad considered a bail application filed by Aasim, who was arrested in Crime No. 501 of 2025 for alleged offences under Sections 419, 420, 467, 468 and 471 of the Indian Penal Code relating to a forged sale deed. The applicant, represented by Senior Advocate N.I. Jafari and counsel Zafeer Ahmad, asserted his innocence, claiming he was merely a marginal witness and had no criminal history, and sought release pending trial. The State, represented by Dheeraj Kumar, G.A. and Mohammad Alam, opposed bail, arguing the seriousness of the charges. After evaluating the facts, the court noted the lack of evidence of flight risk or tampering and the heavy pendency of cases, and consequently granted bail subject to a personal bond, two sureties and strict conditions to prevent evidence tampering or witness intimidation. The order expressly refrained from commenting on the merits of the case and warned that bail could be cancelled if conditions were breached.
Issues considered
- Whether bail should be granted to an accused charged under Sections 419, 420, 467, 468 and 471 IPC during the pendency of trial.
- Whether the applicant poses a risk of tampering with evidence or influencing witnesses.
Legislation cited
- Indian Penal Code — s. 419, 420, 467, 468, 471
Subjects
- bail
- Indian Penal Code
- forgery
- witness tampering
- pre‑trial liberty
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 30607 of 2026
Aasim
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Zafeer Ahmad
Counsel for Opposite Party(s) : Dheeraj Kumar, G.A., Mohammad Alam
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
Heard Sri N.I. Jafari, learned Senior Advocate assisted by Sri Zafeer
Ahmad, learned counsel for the applicant, learned counsel for the
informant 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. 501 of 2025, under Sections 419, 420, 467, 468,
471 IPC, Police Station- Tanda, District- Rampur, during pendency of the
trial in the court concerned.
Learned Senior Advocate appearing for the applicant submitted that the
applicant is absolutely innocent and has been falsely implicated in the
present case due to some ulterior motive. 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 the present applicant was merely a marginal witness in the
alleged forged sale deed. Neither any money has been received by the
applicant nor any amount has been credited in his account. Civil suits are
pending before the competent civil court for cancellation of the alleged
forged sale deeds. Similarly placed co-accused Fazim has been granted
bail by this Bench vide order dated 25.8.2026 in Criminal Misc. Bail
Application No. 30009 of 2026. Apart from the present case, the applicant
is not having any other criminal history and he is languishing in jail since
18.6.2026. 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. and
learned counsel for the informant.
Considering the facts and circumstances of the case, perusing the record,
BAIL No. 30607 of 2026
2
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.
Let applicant, Aasim 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 9, 2026
KK Patel
Digitally signed by :-
KRISHN KANT PATEL
High Court of Judicature at Allahabad
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