Allahabad High Court
ILIYASversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The accused is entitled to be released on bail.
Summary
The accused Iliyas applied for bail in Criminal Case No. 103 of 2026, charged under Sections 109(1), 115(2), 118(1), 191(2), 191(3), 351(3) and 352 of the BNS. He alleged that the FIR dated 11‑07‑2026 was false, arising from a cross‑fight over cleaning a drain outside a mosque, with injuries on both sides and a reciprocal FIR filed by the other party. The State opposed bail, but the court noted that both parties were injured, a co‑accused had already been released on bail by a coordinate bench, and the applicant had no prior criminal record. Relying on Supreme Court dicta in Girish Gandhi v. State of Uttar Pradesh and Policy Strategy for Grant of Bail in re, the court granted bail without examining the merits of the case. The applicant was ordered to be released on a personal bond and two sureties of equal amount, and to cooperate with the investigation.
Issues considered
- Whether the accused, who is alleged to be falsely implicated and has no prior criminal record, is entitled to bail during the pendency of trial.
Legislation cited
- BNS — s. 109(1), 115(2), 118(1), 191(2), 191(3), 351(3), 352
Subjects
- bail
- criminal procedure
- cross FIR
- co‑accused
- personal bond
- sureties
- Uttar Pradesh
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33828 of 2026
Iliyas
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Pankaj Bharti
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Ms. Divyangi, learned counsel for accused applicant and learned
A.G.A. for State.
2. The present bail application has been moved by the applicant accused-
Iliyas to enlarge him on bail in Case Crime No. 103 of 2026, under
Sections 109 (1), 115(2), 118(1), 191(2), 191(3), 351(3), 352 of BNS, P.S.
Jansath, District- Muzaffarnagar, during the pendency of trial.
3. It is the contention of learned counsel for applicant that the accused
applicant has been falsely implicated in FIR dated 11.07.2026 lodged by
the informant with the allegation that there was cross fight between the
parties on the point of cleaning the drain outside the mosque. There were
injured from both the sides. Five persons have been injured from the side
of informant and one person has been injured from the side of accused.
There is cross FIR lodged by the Waseem Ahmad against the informant.
Further submits that co-accused has already been granted bail by co-
ordinate Bench of this Court. The accused applicant has no criminal
history. Investigation is continuing and applicant is co-operating in the
investigation. The accused applicant is languishing in jail since
08.09.2026. 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.
BAIL No. 33828 of 2026
2
6. Considering the cross fight and cross version of FIR, both sides are
injured and co-accused has already been granted bail by co-ordinate
Bench of this Court, 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 23, 2026
Sharad/-
Digitally signed by :-
SHARAD KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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