Allahabad High Court

BABLI URF BABLUversusSTATE OF U.P.

Decided: 22 September 2026
Bench: JAI PRAKASH TIWARI

Holding

The court held that the applicant is entitled to bail during the pendency of the trial as there is no credible evidence linking her to the alleged offences.

Summary

The High Court considered a bail application filed by Babli Urf Bablu in a criminal case (Crime No. 206 of 2026) involving offences under several sections of the Indian Penal Code. The applicant argued that she was falsely implicated, not named in the FIR, and that the only evidence against her was a confessional statement of a co‑accused, with no identification parade or direct proof. The State opposed bail, citing the seriousness of the offences. The Court, noting the lack of credible evidence linking the applicant to the crime and the applicant’s clean record apart from a single explained incident, decided to grant bail without commenting on the merits. Bail was conditioned on personal bond, sureties, appearance in court, non‑interference with witnesses or evidence, and abstention from criminal activity. The order clarified that the observations are limited to the bail application and do not affect the trial’s merits.

Issues considered

Whether the applicant is entitled to bail despite the seriousness of the offences alleged under the IPC.
Whether the evidence presented by the prosecution is sufficient to justify denial of bail.
Whether the applicant poses a risk of tampering with evidence or influencing witnesses if released on bail.

Legislation cited

Indian Penal Code — s. 317(2), 318(4), 336(3), 338, 340(2), 3(5)

Subjects

bail
Indian Penal Code
criminal procedure
presumption of innocence
identification parade
evidence
court conditions

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31864 of 2026

Babli Urf Bablu
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Ageet Kumar Singh, Yadavendra
Dwivedi
Counsel for Opposite Party(s) : G.A.

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

Heard learned counsel for the applicant, learned AGA for the State-
respondent and perused the record.

The instant application has been filed seeking release of the applicant on
bail in Case Crime No. 206 of 2026, under Sections 318(4), 338, 340(2),
336(3), 3(5), 317(2) BNS, Police Station Kila, District Bareilly, during
the pendency of trial.

It is argued by the learned counsel for the applicant that applicant is
innocent and has been falsely implicated in the present case due to ulterior
motive. It is submitted that the applicant was not named in the subject
FIR. The name of the applicant was surfaced during the course of
investigation in the confessional statement of co-accused. There is no
direct or indirect evidence has been shown against the applicant. There is
no identification parade has been conducted by the police. Learned
counsel submits that applicant has not committed the alleged crime. At
this stage, there is no credible evidence to link the applicant with the
offence. As per supplementary affidavit, there is only one criminal history
of the applicant, which has been explained in para '2' of the
supplementary affidavit. The applicant is languishing in jail since
01.07.2026 and in case she is released on bail, she will not misuse the
liberty of bail.

Per contra, learned AGA, however, opposed the prayer for bail.
BAIL No. 31864 of 2026
2

Keeping in view the nature of the offence, evidence, complicity of the
accused, severity of the punishment, and submissions of 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 the applicant-Babli urf Bablu 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-social
activity.

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.

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 23, 2026
Brijesh

Digitally signed by :-
BRIJESH KUMAR
High Court of Judicature at Allahabad

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