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Allahabad High Court

SHREYJAL @ SUJALversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The court granted bail to the applicant subject to bond, sureties, and conditions.

Summary

The applicant, Shreyjal @ Sujal, was arrested in connection with a case (Crime No. 329 of 2025) involving alleged offences under Sections 310(2) and 317(3), 317(4) of the Indian Penal Code. He contended that he was falsely implicated, not named in the FIR, and that the alleged recovery of contraband from his possession lacked any independent witness. The prosecution opposed bail but did not dispute the applicant's claim of innocence. The court, after reviewing the record and the nature of the allegations, decided that the case was suitable for bail without expressing an opinion on the merits. Accordingly, the bail application was allowed subject to a personal bond, two sureties, and specific conditions. The order clarified that the observations were limited to the bail application and would not affect the trial's merits.

Issues considered

  • Whether the accused is entitled to bail despite being charged under Sections 310 and 317 of the IPC and having prior criminal cases
  • Whether the circumstances of the alleged false recovery and lack of independent witness justify granting bail

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • Section 310
  • Section 317
  • criminal procedure
  • sureties
  • conditions of bail

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 31417 of 2026

Shreyjal @ Sujal
                                                                .....Applicant(s)
                                     Versus

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

Counsel for Applicant(s)      : Ghazala Bano Quadri, Maseeh Uddin,
                                Saima Khan
Counsel for Opposite Party(s) : G.A.

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

1. Heard Ms. Saima Khan, learned counsel for the applicant, learned
A.G.A. and perused the record.

2. The applicant is involved in Case Crime No. 329 of 2025 under
Sections 310(2), 317(3), 317(4) BNS Police Station - Pipari District -
Kaushambi.

3. Learned counsel for the applicant has submitted that the applicant is
innocent and has been falsely implicated in the present case. It is next
submitted that the applicant is not named in the FIR and his name came into
the light during the course of investigation. 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. The
applicant has criminal history of four cases, which has been explained in
paragraph no.15 of the affidavit filed in support of the bail application.
The applicant is in jail since 22.12.2025. Therefore, the applicant is
entitled for bail. 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. has opposed the prayer for bail but he has not disputed
the above contention made by the learned counsel for the accused-
                                                                                            BAIL No. 31417 of 2026
                                                                   2


                                    applicant.

                                    5. Considering the facts and circumstances of the case, perusing the
                                    record and also considering the nature of allegations, arguments advanced
                                    by the learned counsel for the parties and without expressing any opinion
                                    on the merit of the case, I find it to be a fit case for granting bail.
                                    Accordingly, the bail application is allowed.

                                    6. Let applicant -Shreyjal @ Sujal be released on bail in the aforesaid
                                    case crime number on furnishing a personal bond and two reliable
                                    sureties of the like amount to the satisfaction of the court concerned
                                    subject to following conditions, which are being imposed in the interest of
                                    justice:-

                                    (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-social
                                    activity.

                                    7. 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.

                                    8. 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
                                    S.K.




Digitally signed by :-
SWEETY KANOJIA
High Court of Judicature at Allahabad


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