Allahabad High Court
TANVEERversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The court granted bail to the accused, allowing enlargement of bail without touching the merits of the case.
Summary
The accused Tanveer applied for enlargement of bail in a pending trial under Section 307 IPC (case No. 383 of 2019) alleging false police implication in an encounter with no injury to police. He had previously been granted bail in 2019 but could not appear due to the Covid‑19 pandemic and surrendered on 23 July 2026, remaining in custody since then. The applicant disclosed a criminal history of seventeen cases, with mixed outcomes, and argued that the lack of injury and the circumstances warranted bail. The State opposed the application. The High Court, after hearing both sides, held that the applicant was entitled to bail without addressing the merits of the underlying offence, directing release on personal bond and sureties, citing Supreme Court dicta in Girish Gandhi v. State of Uttar Pradesh (2024) and Policy Strategy for Grant of Bail (2024). The court ordered the accused to cooperate with the judicial process for speedy disposal.
Issues considered
- Whether bail should be granted to an accused charged under Section 307 IPC when the alleged incident involved no injury to police and claims of false implication.
- Whether the applicant's criminal history and prior bail history preclude the grant of bail.
Legislation cited
- Indian Penal Code — s. 307
Subjects
- bail
- Section 307 IPC
- encounter case
- false implication
- COVID‑19 pandemic
- criminal history
- Supreme Court bail jurisprudence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32406 of 2026
Tanveer
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Dharmendra Kumar Mishra, Rohit
Kumar Sharma
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Sri Rohit Kumar Sharma, learned counsel for applicant hands up
supplementary affidavit explaining the criminal history, the same is taken
on record.
1A. Heard Sri Sharma, learned counsel for accused applicant and learned
A.G.A. for State.
2. The present bail application has been moved by the applicant accused-
Tanveer to enlarge him on bail in Case Crime No. 383 of 2019, under
Sections 307 IPC, P.S.- Kotwali Nagar, District- Bulandshahar, during the
pendency of trial.
3. It is the contention of learned counsel for applicant that the accused
applicant has been falsely implicated by the police in encounter case in
FIR dated 11.05.2019. There is no injury to the police person. The arrest
and recovery have been made in the absence of independent witness. The
applicant was initially granted bail by the Sessions court in order darted
29.05.2019. Subsequently due to Covid-19 pandemic, he could not appear
before the court and was not aware about the submission of the charge
sheet. After the issuance of process, he has surrendered before the court
on 23.07.2026 and since then he is in jail. The accused applicant has
criminal history of seventeen cases, out of which in one case, final report
is submitted and in one case the applicant is enlarged on notice under
Section 35(3) BNSS, in three cases he has been acquitted and remaining
cases, he is on bail. The accused applicant is languishing in jail since
BAIL No. 32406 of 2026
2
23.07.2026. He seeks enlargement of accused on bail.
4. Learned A.G.A. for State opposed the bail application.
5. This Court has taken into consideration the rival submissions made by
learned counsel for the parties and perused the record.
6. Considering the jumping of bail and in police encounter, it is no injury
case, the accused/applicant is entitled to be released on bail.
7. Hence, without touching merit of the case, the bail application is
allowed.
8. The accused/applicant 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 court concerned in view of observation made by the
Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar
Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in
re [(2024)10SCC 685].
9. The accused-applicant shall cooperate in judicial process for fair and
speedy disposal.
(Avnish Saxena,J.)
September 18, 2026
Sharad/-
Digitally signed by :-
SHARAD KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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