Allahabad High Court
ANILversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant had made out a prima facie case for bail and therefore granted bail.
Summary
The High Court considered a bail application filed by Anil, who was arrested in Crime No. 104 of 2025 under Sections 103(1) and 238 of the Indian Penal Code. The applicant contended that he was falsely implicated and that the only eyewitness evidence pertained to a co-accused, Sangeeta, with no direct observation of Anil. The State, represented by the Additional Government Advocate, opposed bail, but the court found the applicant's claim of innocence credible and noted the lack of substantive evidence linking him to the alleged offence. Relying on the principle that bail may be granted when the case is based merely on suspicion, the court held that the applicant had made out a prima facie case for bail. Consequently, the court ordered his release on personal bond and two sureties, subject to standard conditions, without prejudice to the trial on merits.
Issues considered
- Whether bail should be granted to the accused under Sections 103(1) and 238 IPC when the prosecution's case is based solely on suspicion and lack of direct evidence.
Legislation cited
- Indian Penal Code — s. 103(1), 238
Subjects
- bail
- criminal procedure
- suspicion
- sureties
- IPC Sections 103, 238
- presumption of innocence
- trial pending
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 35857 of 2025
Anil
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Abhinav Singh, Santosh Kumar
Upadhyay, Sarveshwar Lal Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 66
(Sr. No.92 out of 150)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard learned counsel for the applicant, learned A.G.A. for the State and
perused the material placed on record.
3. Applicant seeks bail in Case Crime No.104 of 2025, under Sections
103(1), 238 BNS, Police Station Dhebarua, District Siddharth Nagar, during
the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case only
on the basis of suspicion. The evidence of last seen is regarding co-accused
person Sangeeta only and the applicant was not seen as per the allegations
made in the FIR and so is the case of other witnesses. The applicant has no
criminal history and is in jail since 11.6.2025. He undertakes to cooperate
with the trial and not misuse the liberty of bail.
5. Learned A.G.A. has vehemently opposed the bail application but the
submissions raised by the learned counsel for the applicant could not be
disputed.
6. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the fact that applicant has been implicated on the basis of
BAIL No. 35857 of 2025
2
suspicion only coupled by the fact that the evidence of last seen is regarding
co-accused person Sangeeta only, and without expressing any opinion on the
merits of the case, prima-facie the Court is of the view that the applicant has
made out a case for bail. The bail application is allowed.
7. Let the applicant- Anil, be released on bail on furnishing a personal bond
and two sureties to the satisfaction of the court concerned, subject to
verification of sureties, with the conditions that he shall not tamper with
evidence or intimidate witnesses and shall appear before the trial court as
required.
8. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
March 18, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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