Allahabad High Court
FIROZ @ AJMERIversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The Court granted bail to the applicant, subject to conditions.
Summary
The High Court considered a bail application filed by Firoz @ Ajmeri, who is accused in Crime No. 7 of 2026 under Sections 305(A), 317(2) and 331(4) of the Indian Penal Code. The applicant contended that he was falsely implicated, was not named in the FIR and has been in custody since 21 January 2026, while a co‑accused had already been granted bail. The State opposed the bail but did not dispute the applicant’s factual contentions. After reviewing the record and the nature of the allegations, the Court, without expressing any view on the merits, found the case fit for bail and ordered release on a personal bond with two sureties and specific conditions. The order also clarified that the observations are limited to the bail application and will not affect the trial’s merits.
Issues considered
- Whether bail should be granted to the accused under Sections 305(A), 317(2) and 331(4) of the IPC in the circumstances presented.
- Whether the applicant’s claim of false implication and lack of naming in the FIR justifies the grant of bail.
Legislation cited
- Indian Penal Code — s. 305(A), 317(2), 331(4)
Subjects
- bail
- Indian Penal Code
- Section 305A
- Section 317(2)
- Section 331(4)
- false implication
- criminal procedure
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 35082 of 2026
Firoz @ Ajmeri
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Anjum Parveen
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
1. Heard learned counsel for the applicant, learned A.G.A. and perused
the record.
2. The applicant is involved in Case Crime No. 7 of 2026 under Sections
305(A), 317(2), 331(4) BNS Police Station Jajmau District Kanpur Nagar.
3. Learned counsel for the applicant has submitted that the applicant is
innocent and has been falsely implicated in the present case. It is next
submitted that the applicant is not named in the FIR and his name came
into the light during the course of investigation. 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. It is
further submitted that co-accused- Ankit Gupta @ Krishna, has been
granted bail by the co-ordinate bench of this Court vide order dated
7.8.2026 in Criminal Misc. Bail Application No.27584 of 2026. The
applicant is in jail since 21.01.2026. 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.
4. 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-
applicant.
5. Considering the facts and circumstances of the case, perusing the
BAIL No. 35082 of 2026
2
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.
6. Let applicant - Firoz @ Ajmeri 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.
7. 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.
8. 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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