Allahabad High Court
FAREED @ KALAversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
Bail was granted to the applicant without touching the merits of the case.
Summary
The High Court of Allahabad considered a bail application filed by Fareed @ Kala, who was alleged to be falsely implicated in a FIR dated 04‑04‑2026 relating to an injury incident on 03‑04‑2026. The applicant argued that he was not named in the original FIR, that the informant’s statement had changed, and that the earlier accused had been exonerated, leaving him with no specific role and no criminal history. The State opposed the bail, citing the serious nature of the offences listed under multiple IPC sections. After reviewing the submissions and noting the change in the informant’s stand, the Court, without addressing the merits of the case, granted bail on personal bond and sureties, relying on recent Supreme Court dicta in Girish Gandhi v. State of Uttar Pradesh and Policy Strategy for grant of bail in re. The Court directed the applicant to cooperate with the judicial process for a speedy disposal of the trial.
Issues considered
- Whether the change in the informant’s statement and alleged false implication justify granting bail
- Whether the nature of the offences under the listed IPC sections precludes bail during trial
- Whether the applicant’s lack of specific role and clean criminal record warrant bail
Legislation cited
- Indian Penal Code — s. 109, 126, 131, 147, 148, 149, 190, 191, 307, 341, 352, 504
Subjects
- bail
- false implication
- informant statement change
- Indian Penal Code
- Supreme Court precedent
- criminal trial
- surety
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31455 of 2026
Fareed @ Kala
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ankur Tyagi
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Shailesh Kumar, learned advocate, holding the brief, appears
for the accused applicant and learned A.G.A. for State.
2. The present bail application has been moved by the applicant accused-
Fareed @ Kala to enlarge him on bail in Case Crime No. 148 of 2026,
under Sections 109(1), 191(2), 191(3), 190, 131, 126(2), 352, BNS, u/s
307, 147, 148, 149, 352, 341, 504 IPC), P.S.- Budhana, District-
Muzaffarnagar, during the pendency of trial.
3. It is the contention of learned counsel for applicant that the accused
applicant has been falsely implicated in FIR dated 04.04.2026 lodged by
father of injured Amit, who suffered one injury in the incident of
03.04.2026. Further contended that initially the FIR is against four named
and one anonymous person. The first set of accused whose name were in
the FIR, have been exonerated during the investigation and fresh set of
accused have been put in. The accused applicant is not named in the FIR.
The name of accused applicant was taken by Naim Ahmad. The four co-
accused of the second set, have already been granted bail by co-ordinate
Bench of this Court. The accused applicant has no specific role assigned.
The accused applicant has no criminal history. Charge sheet is submitted.
The accused applicant is languishing in jail since 5.7.2026. He seeks
enlargement of accused on bail.
4. Learned A.G.A. for State opposed the bail application.
BAIL No. 31455 of 2026
2
5. This Court has taken into consideration the rival submissions made by
learned counsel for the parties and perused the record.
6. Considering the change in stand of the informant and injured while
lodging the FIR and in giving the statement as well as the number and
nature of injuries.
7. Hence, without touching merit of the case, the bail application is
allowed.
8. The accused/applicant 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 court concerned in view of observation made by the
Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar
Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in
re [(2024)10SCC 685].
9. The accused-applicant shall cooperate in judicial process for fair and
speedy disposal.
(Avnish Saxena,J.)
September 8, 2026
Krishna*
Digitally signed by :-
KRISHNA KUMAR
High Court of Judicature at Allahabad
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