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Allahabad High Court

MAJU @ MAJIDversusSTATE OF U.P.

Decided

Holding

The applicant is entitled to be released on bail during the pendency of the trial.

Summary

The Allahabad High Court considered bail application No. 32033 of 2026 filed by Maju @ Majid in Crime No. 347 of 2025, which alleged offences under IPC sections 318(4), 338, 336(3), 340(2), 329(3), 351(3) and 61(2) BNS. The applicant pleaded that he was falsely implicated, had no prior criminal record, and had already obtained anticipatory bail in a related case. The State opposed the bail on the ground of the seriousness of the charges. After examining the record and hearing counsel, the Court held that the applicant is entitled to bail during the pendency of the trial, without expressing any view on the merits. Bail was granted on condition of a personal bond, two sureties, and specific undertakings to not tamper with evidence, intimidate witnesses, commit similar offences, or influence witnesses, with verification of sureties by authorities.

Issues considered

  • Whether bail should be granted to the accused pending trial for offences under the listed IPC sections.
  • Whether the applicant's claim of innocence, lack of prior record, and prior anticipatory bail justify bail.
  • Whether the conditions imposed are sufficient to safeguard the trial process.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • IPC
  • anticipatory bail
  • surety
  • conditions of bail
  • pendency of trial
  • presumption of innocence

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 32033 of 2026

Maju @ Majid
                                                            .....Applicant(s)
                                   Versus

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

Counsel for Applicant(s)      : Kripa Shankar, Santosh Kumar Shukla,
                                Saurabh Shukla
Counsel for Opposite Party(s) : G.A., Syed Ahmed Faizan, Syed Ali
                                Shaukat (Abidi)

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

Heard learned counsel for the applicant, learned counsel for the informant
and learned AGA for the State and perused the record of the case.

The instant application has been filed seeking release of the applicant on
bail in Case Crime No. 347 of 2025, under Sections 318(4), 338, 336(3),
340(2), 329(3), 351(3), 61(2) BNS, Police Station Tronika City, District
Ghaziabad, during pendency of the trial in the court concerned.

Learned counsel for the applicant submitted that the applicant is
absolutely innocent and has been falsely implicated in the present case
due to some ulterior motive. 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
initially applicant was not named in the FIR. After filing of the charge
sheet, the applicant has been implicated on the basis of subsequent
statement of the informant. A civil suit is also filed by the informant
against named co-accused Farzana, who is vendor of the alleged property.
It is also stated that on the same allegation, Case Crime No. 0063 of 2026
also registered against the present applicant, in which applicant has been
granted anticipatory bail by the court concerned. Criminal history of the
applicant has been explained in para '35' of the instant bail application and
he is languishing in jail since 02.08.2026. It is also submitted that the
applicant undertakes that he will not misuse the liberty, if granted. It has
                                                        BAIL No. 32033 of 2026
                                2


also been pointed out that in the wake of heavy 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, Maju @ Majid 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. 32033 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.)
                                    October 1, 2026
                                    Brijesh




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

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