Allahabad High Court
NAIM AHMADversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The Court granted bail to the applicant, finding the case fit for release on bond with conditions.
Summary
The applicant, Naim Ahmad, a collection executive of Hero Finance Corporation Ltd., was arrested in connection with FIR No. 185 of 2026 under Section 316(5) and has been in jail since 19 August 2026. He filed a bail application, asserting innocence, lack of any complaint from the alleged aggrieved party, and willingness to deposit any dues, while claiming no prior criminal record. The opposing counsel did not contest these factual submissions but opposed bail on general grounds. The Court, after reviewing the record and the nature of the allegations, decided that the case was suitable for bail without delving into the merits, and ordered release on personal bond with two sureties and specific conditions. The bail was granted subject to compliance with conditions and a warning that breach could lead to cancellation.
Issues considered
- Whether the applicant is entitled to bail despite the seriousness of the allegations under Section 316(5).
- Whether the lack of a formal complaint from the alleged aggrieved party affects the bail consideration.
Subjects
- bail
- criminal procedure
- Section 316
- false implication
- personal bond
- sureties
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 35057 of 2026
Naim Ahmad
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Shri Prakash Dwivedi
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
1. Supplementary affidavit has been filed today in the Court by learned
counsel for the applicant. The same is taken on record.
2. Heard Sri Prakash Dwivedi, learned counsel for the applicant, learned
A.G.A. and perused the record.
3. The applicant is involved in Case Crime No. 185 of 2026 under
Sections -316 (5) BNS Police Station -Babhani District - Sonbhadara.
4. Learned counsel for the applicant has submitted that the applicant is
innocent and has been falsely implicated in the present case. It is further
submitted that the applicant is the collection executive of Hero Finance
Corporation Ltd. The FIR has been lodged by the first informant but there
is no any complaint has been made on behalf of the company or aggrieved
persons. It is also stated in paragraph no.10 of the supplementary affidavit
that if any amount is due upon the applicant, he is ready to deposit the
same. It is also submitted that applicant is having no concern with the
allegations levelled against him and he has not committed any offence as
alleged by prosecution. There is no criminal history against the applicant.
The applicant is in jail since 19.08.2026. Therefore, the applicant is
entitled for bail. Learned counsel for the applicant has further submitted
that if the applicant is released on bail, the applicant would not misuse
liberty of bail and is ready to co-operate in the trial.
5. Learned A.G.A. has opposed the prayer for bail but he has not disputed
the above contention made by the learned counsel for the accused-
BAIL No. 35057 of 2026
2
applicant.
6. Considering the facts and circumstances of the case, perusing the
record and also considering the nature of allegations, arguments advanced
by the learned counsel for the parties and without expressing any opinion
on the merit of the case, I find it to be a fit case for granting bail.
Accordingly, the bail application is allowed.
7. Let applicant - Naim Ahmad be released on bail in the aforesaid case
crime number on furnishing a personal bond and two reliable sureties of
the like amount to the satisfaction of the court concerned subject to
following conditions, which are being imposed in the interest of justice:-
(i) The applicant shall appear before the trial court on the dates fixed,
unless 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.
8. 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.
9. 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
S.K.
Digitally signed by :-
SWEETY KANOJIA
High Court of Judicature at Allahabad
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