Allahabad High Court
MOHAMMAD USMANversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
The Allahabad High Court considered a second bail application filed by Mohammad Usman, who had been in custody since 2 October 2025 for offences under sections 109(1), 115(2), 351(2) and 3(5) of the B.N.S. The applicant argued that the key witness, the alleged victim Rehan, turned hostile during trial and denied that Usman caused the alleged knife injuries, leaving no material against the accused. The State opposed bail but did not dispute the hostile witness finding. Weighing the lack of evidential support, the applicant’s clean record, the pending charge sheet, and the broader concerns of jail overcrowding and case pendency, the court, guided by recent Supreme Court precedents, granted bail without commenting on the merits. The order released the applicant on personal bond and sureties with standard bail conditions.
Issues considered
- Whether the applicant is entitled to bail despite the earlier rejection of a bail application.
- Whether the hostile declaration of the key witness undermines the prosecution’s case sufficiently to justify bail.
- Whether the nature of the offences under sections 109(1), 115(2), 351(2) and 3(5) of the B.N.S. warrants denial of bail.
- Whether considerations of jail overcrowding and trial pendency influence the grant of bail.
Legislation cited
- B.N.S. — s. 109(1), 115(2), 3(5), 351(2)
Subjects
- bail
- hostile witness
- criminal procedure
- overcrowded prisons
- sections 109 115 351 3 B.N.S.
- High Court of Allahabad
- pre-trial detention
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34976 of 2026
Mohammad Usman
.....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. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Deepak Rana, counsel for the applicant, Sri Roshan Kumar
Singh, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed with a prayer to release the
applicant on bail during trial in Case Crime No. 446 of 2025, under Sections
109(1), 115(2), 351(2), 3(5) of B.N.S., Police Station- Loni, District
Ghaziabad.
3. This is second bail application. The first bail application i.e. Criminal
Misc. Bail Application No.43159 of 2025 was rejected on 15.12.2025.
4. Counsel for the applicant submitted that during investigation, the injured
Rehan has made specific allegation of causing four knife injuries against the
present applicant. However, during trial, the injured Rehan, who was
examined as P.W.-2 did not support the prosecution story, and he was
declared hostile by the trial court. It is further submitted that during trial, the
injured Rehan specifically stated that the present applicant was not present at
the time of incident and it is incorrect that he made any allegation that the
present applicant has caused four knife injuries to him. It is further submitted
that as on date, there is no material against the applicant. It is further
submitted that the applicant has no criminal history. It is further submitted
that charge sheet has been filed in the present case, therefore, there is no
requirement of custodial interrogation. The applicant is a law abiding citizen
and he is languishing in jail since 02.10.2025. In case, he is granted bail, he
will not misuse the liberty of bail and would cooperate in the trial
BAIL No. 34976 of 2026
2
proceedings.
5. Per contra, learned A.G.A. has vehemently opposed the prayer for bail but
could not dispute the aforesaid facts.
6. Considering the entire facts and circumstances of the case, submissions of
learned counsel for the parties, taking into account the statement of the
injured, who was examined as P.W.-2 was declared hostile by the trial court;
also taking into account that the trial of the present case may take long time
to be concluded, and keeping in view the nature of offence, evidence,
complicity of the accused and taking into account overcrowded jails and
heavy pendency of criminal cases before the trial courts as well as
considering the mandate of the judgement of the Apex Court in the case of
Kapil Wadhawan vs Central Bureau of Investigation reported in 2025
SCC OnLine SC 3038 and without expressing any opinion on the merits of
the case, I am of the opinion that the applicant is entitled to be enlarged on
bail. Accordingly, the bail application is allowed.
7. Let the applicant- Mohammad Usman involved in the aforementioned
crime be released on bail, on his 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 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.
ii. The applicant shall cooperate in the trial/investigation sincerely without
seeking any adjournment.
iii. The applicant shall not indulge in any criminal activity or commission of
any crime after being released on bail.
iv. The applicant shall attend in accordance with the conditions of the bond
executed by him.
8. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
BAIL No. 34976 of 2026
3
9. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
10. It is made clear that the applicant shall be released on the basis of
downloaded copy of this order from the official website of High Court
Allahabad and verified by the concerned counsel with the undertaking that
the certified copy will be filed within 15 days.
11. It is directed that the trial court shall send the release order to the
concerned jail through Bail Order Management System (BOMS) to ensure
early release of the applicant.
12. Office is directed to send a copy of this order to the applicant through
concerned Jail Superintendent via e-mail or on e-prison portal and Trial
Court via e-mode within 24 hours in compliance of the order of the Apex
Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu
Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in (2024)
10 SCC 685 as well as Pila Pahan @ Peela Pahan and others Vs. State of
Jharkhand and another, in Writ Petition (Criminal) No. 169 of 2025,
decided on 29.05.2026.
(Arun Kumar Singh Deshwal,J.)
September 30, 2026
CS/-
Digitally signed by :-
CHANDAN SINGH
High Court of Judicature at Allahabad
Checking your session…