Allahabad High Court
WASEEM AND ANOTHERversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The Court held that the applicants are entitled to bail during the pendency of the trial.
Summary
The applicants, Waseem and Asif, were arrested in connection with a case (Crime No. 143 of 2026) alleging misuse of an ATM card belonging to the informant's daughter, invoking Sections 303(2) and 318(4) of the Indian Penal Code. They contended that they were falsely implicated, that no incriminating material was recovered from them, and that they had no prior criminal record, while the co‑accused had already been granted bail. The State opposed the bail, arguing the seriousness of the offences. The High Court examined the facts, the lack of evidence against the applicants, and the principle that bail may be granted pending trial, especially given the delay in the judicial process. Without expressing any view on the merits, the Court allowed the bail application, directing the applicants to execute a personal bond, furnish two sureties each, and comply with several conditions to prevent tampering with evidence or intimidation of witnesses.
Issues considered
- Whether bail should be granted to the accused in a case under IPC Sections 303(2) and 318(4) despite the seriousness of the alleged offences
- Whether the absence of incriminating material and the applicant's claim of false implication justify bail
Legislation cited
- Indian Penal Code — s. 303(2), 318(4)
Subjects
- bail
- IPC 303
- IPC 318
- criminal procedure
- presumption of innocence
- sureties
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31505 of 2026
Waseem And Another
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Neeraj Kumar Chaurasiya
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
Heard learned counsel for the applicants and learned AGA for the State-
respondent and perused the record of the case.
The instant application has been filed seeking release of the applicants on
bail in Case Crime No. 143 of 2026, under Sections 303(2), 318(4) BNS,
Police Station- Binauli, District- Baghpat, during pendency of the trial in
the court concerned.
Learned counsel for the applicants submitted that the applicants are
innocent and have been falsely implicated in the present case due to some
ulterior motive. It is alleged in the FIR that by exchanging the ATM Card
of daughter of the informant some unknown person withdrew the money
from her account. The present applicant is not named in the FIR and his
name was disclosed during the course of investigation. 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 nothing incriminating has been
recovered from the possession of the applicant. Co-accused of the
applicant namely Shadab Khan has already granted bail by this Court vide
order dated 7.9.2026 passed in Criminal Misc. Bail Application No.
31353 of 2026. Criminal history of the applicant has been explained in the
instant bail application and he is languishing in jail since 8.7.2026. 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
BAIL No. 31505 of 2026
2
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.
Considering the facts and circumstances of the case, perusing the record,
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, Waseem and Asif 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.
BAIL No. 31505 of 2026
3
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
Brijesh
Digitally signed by :-
BRIJESH KUMAR
High Court of Judicature at Allahabad
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