Allahabad High Court
UBAIDversusSTATE OF U.P.
- Decided
- Bench
- SAMEER JAIN
Holding
The court held that the applicant is entitled to be released on bail.
Summary
The High Court considered a bail application filed by Ubaid, who is accused under several IPC sections for a murder allegedly committed by firing a weapon, resulting in two injuries to the deceased. The applicant contended that the allegations were false, that he had no prior criminal record, and that the case involved over-implication of all accused, noting that a co-accused, Kaif, had already been released on bail. The prosecution and an informant opposed bail but did not dispute the factual contentions. The court observed that the applicant’s alleged involvement was similar to that of the co-accused who was granted bail, and that the separate FIR lodged by the informant while the applicant was in custody did not justify denial of bail. Consequently, the court granted bail subject to a personal bond, sureties, and standard conditions, without expressing any opinion on the merits of the trial.
Issues considered
- Whether the applicant is entitled to bail pending trial in a murder case involving firearm injuries.
- Whether the alleged over-implication of the accused and lack of prior criminal history justify granting bail.
- Whether the FIR lodged by an informant against the applicant while in custody is a ground to deny bail.
Legislation cited
- Indian Penal Code — s. 103(1), 190, 191(2), 191(3), 351(3), 352, 3(5) BNS
Subjects
- bail
- murder
- firearm injury
- over-implication
- Criminal Procedure Code
- Indian Penal Code
- pre-trial detention
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32331 of 2026
Ubaid
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Deepak Rana
Counsel for Opposite Party(s) : G.A.
Court No. - 65
HON'BLE SAMEER JAIN, J.
1. Sri Mohd. Harish, learned Advocate filed his power on behalf of
informant, today in the Court, which is taken on record.
2. Heard Sri Deepak Rana, learned counsel for the applicant, Sri Mohd.
Harish, learned counsel for informant and Dr. S.B. Maurya, learned AGA-I
for the State.
3. The instant bail application has been filed seeking release of the applicant
on bail in Case Crime No. 642 of 2025, under Sections 103(1), 191(2),
191(3), 190, 352, 351(3), 3(5) BNS, Police Station Murad Nagar, District
Ghaziabad during pendency of the trial.
4. Learned counsel for the applicant submits, however as per allegation
applicant alongwith four others including co-accused Kaif by causing
firearm injury committed murder of deceased but entire allegations leveled
against the applicant are totally false.
5. He next submits, even only general role has been assigned to all the
accused and postmortem report suggests, deceased sustained only two
injuries and therefore prima facie it appears to be a case of over implication.
6. He next submits, even co-accused Kaif has been released on bail by this
Court vide order dated 21.07.2026 passed in Criminal Misc. Bail
Application No.24712 of 2026 and case of applicant is at par with him.
7. He next argued, applicant was not having any previous criminal history
but when applicant was in the custody then informant of the case lodged FIR
BAIL No. 32331 of 2026
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against him with the allegation that applicant under custody abused him.
8. He next submits, in the present matter applicant is in jail since 21.12.2025.
9. Per contra, learned AGA as well as learned counsel for informant opposed
the prayer for bail but could not dispute the argument on facts advanced by
learned counsel for the applicant.
10. I have heard learned counsel for the parties and perused the record of the
case.
11. However, applicant is named in the FIR alongwith four others including
co-accused Kaif and as per allegation by causing firearm injury they
committed murder of the deceased but co-accused Kaif has already been
released on bail and case of applicant is at par with him.
12. Further, even it reflects, general role has been assigned to all the accused
and as per prosecution all the five accused opened fire but deceased
sustained only two injuries therefore prima facie it appears to be a case of
over implication.
13. Further, however, it reflects, apart from the present case applicant is
having criminal history of one another case but he was not having any
previous criminal history and it reflects, above case was lodged by informant
side when applicant was in custody with the allegation that while he was in
custody then he abused the informant. Considering the bitter enmity between
the parties, in view of this Court, it is not proper to withhold the bail
application of the applicant on the basis of above case.
14. Further, in the present matter applicant is in jail since 21.12.2025.
15. Therefore, considering the facts and circumstances of the case discussed
above, in my view, applicant is entitled to be released on bail.
16. Accordingly, without expressing any opinion on the merits of the case,
the instant bail application is allowed.
17. Let the applicant - Ubaid 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
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3
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.
18. 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.
19. 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.
September 18, 2026
AK Pandey
(Sameer Jain,J.)
Digitally signed by :-
ANUPAM KUMAR PANDEY
High Court of Judicature at Allahabad
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