Allahabad High Court
ZIAUDDIN @ GUDDU @ MUDDIversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The Court allowed the bail application and ordered the release of the applicant on bond with conditions.
Summary
The High Court considered the bail application of Ziauddin @ Guddu @ Muddi, who was in custody for offences under Sections 308(5) and 61(2) of the IPC. The applicant claimed innocence, alleged a delayed FIR, and pointed to the grant of anticipatory bail to a co‑accused. The State opposed bail but did not refute the applicant’s factual contentions. After weighing the nature of the allegations, the period of custody, and the gravity of the offences, the Court, without expressing a view on the merits, found the case fit for bail. The Court ordered release on personal bond with two sureties, subject to standard conditions to prevent tampering with evidence, intimidation of witnesses, and commission of similar offences. The bail may be cancelled if any condition is breached.
Issues considered
- Whether bail should be granted to the accused in a case under IPC Sections 308(5) and 61(2) pending trial.
- Whether the delay in filing the FIR and the applicant’s claim of innocence justify bail.
- Whether the existence of a prior criminal case and the grant of anticipatory bail to a co‑accused affect the bail decision.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 308(5), 61(2)
Subjects
- bail
- anticipatory bail
- Criminal Procedure Code
- Indian Penal Code
- Section 482
- Section 308
- Section 61
- conditions of bail
- pre‑trial liberty
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31481 of 2026
Ziauddin @ Guddu @ Muddi
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Atul Srivastava, Mohd. Farooq
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
1. Heard 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. 95 of 2025 under Sections
-308(5), 61(2) BNS Police Station -Anwarganj District -Kanpur Nagar.
3. Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in the present case. FIR has been lodged
after delay without any plausible explanation. 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 Shahnawaz @ Shanu Laffaz has already
been granted anticipatory bail by this Court vide order dated 06.04.2026
passed in Criminal Misc. Anticipatory Bail Application U/S 482 No. 2791
of 2026. There is criminal history of one case against the applicant,
which has been explained in the affidavit filed in support of the bail
application. The applicant is in jail since 30.06.2026. 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
aforesaid fact as argued by learned counsel for the applicant.
5. Considering the submission of learned counsel for the parties, facts of
BAIL No. 31481 of 2026
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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 - Ziauddin @ Guddu @ Muddi 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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