Allahabad High Court
ISTEKHARversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAMEER JAIN
Holding
The applicant is entitled to be released on bail.
Summary
The applicant, Istekhar, sought bail in a criminal case (Crime No. 057 of 2026) under Sections 103(1) and 3(5) BNS of the Criminal Procedure Code. He argued that the FIR named him and four others, but the prosecution’s case relied solely on statements of two informants who were not eye‑witnesses, and there was no direct eyewitness testimony. The applicant highlighted that a co‑accused, Jaavid @ Jaavir, had already been released on bail under similar circumstances, and that he had no prior criminal record, having been in custody for more than six months. The learned AGA opposed bail but did not dispute the factual contentions. The court, noting the lack of eyewitness evidence, the parity with the co‑accused’s bail, and the applicant’s clean record, granted bail without commenting on the merits of the case, subject to standard conditions and sureties.
Issues considered
- Whether bail should be granted to the applicant under Sections 103(1) and 3(5) BNS of the Criminal Procedure Code given the absence of eyewitness testimony, the release of a similarly situated co‑accused, and the applicant’s lack of prior criminal history.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 103(1), 3(5) BNS
Subjects
- bail
- Criminal Procedure Code
- no eyewitness
- co‑accused parity
- criminal history
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 30921 of 2026
Istekhar
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohammad Danish,
Mohammad Iliyas
Counsel for Opposite Party(s) : G.A.
Court No. - 65
HON'BLE SAMEER JAIN, J.
1. Supplementary affidavit filed on behalf of the applicant is
taken on record.
2. Heard Sri Mohammad Iliyas, learned counsel for the
applicant and Sri R.N. Srivastava, learned AGA for the State.
3. The instant bail application has been filed seeking release of
the applicant on bail in Case Crime No.057 of 2026, under
Sections 103(1), 3(5) BNS, Police Station Patiyali, District
Kasganj, during pendency of the trial.
4. Learned counsel for the applicant submits, however
applicant is named in the FIR alongwith four others including
co-accused Jaavid @ Jaavir but admittedly informant of the
case was not the eye-witness.
5. He next submits, actually there is no eye-witness account
and entire prosecution case is based upon the statement of
Anwar and Hamid and they also did not disclose that they
witnessed the real incident and they only stated that applicant
and other accused were quarreling.
6. He next submits, after considering the entire facts in detail
co-accused Jaavid @ Jaavir has been released on bail by co-
BAIL No. 30921 of 2026
2
ordinate Bench of this Court and his bail order has been
annexed at page-68 of the paper-book and case of applicant is
at par with him.
7. He further submits, applicant is not having any criminal
history and in the present matter he is in jail since 09.03.2026.
8. Per contra, learned AGA however opposed the prayer for
bail but could not dispute the arguments on facts advanced by
learned counsel for the applicant.
9. I have heard learned counsel for the parties and perused the
record of the case.
10. Considering the arguments advanced by learned counsel for
the applicant and the fact that similarly placed co-
accused Jaavid @ Jaavir has been released on bail and
applicant is not having any criminal history and in the present
matter he is in jail since 09.03.2026 i.e. for last more than six
months, in my view, applicant is entitled to be released on bail.
11. Accordingly, without expressing any opinion on the merits
of the case, the instant bail application is allowed.
12. Let the applicant - Istekhar be released on bail in the
aforesaid case on furnishing a personal bond and two sureties
each in the like amount to the satisfaction of the court
concerned with the following conditions:-
(i) The applicant shall appear before the trial court on the dates
fixed, unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make
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 any police officer or tamper with the
evidence.
(iii) The applicant shall not indulge in any criminal and anti-
BAIL No. 30921 of 2026
3
social activity.
13. In case of breach of any of the above condition, the
prosecution will be at liberty to move an application before this
Court for cancellation of the bail of the applicant.
14. 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.
September 16, 2026
Shahroz
(Sameer Jain,J.)
Digitally signed by :-
SHAHROJ ALAM
High Court of Judicature at Allahabad
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