Allahabad High Court
TAZUDDINversusSTATE OF U.P.
- Decided
Holding
The court held that the applicant is entitled to be released on bail.
Summary
The Allahabad High Court considered a bail application filed by Tazuddin, accused in Crime No. 501 of 2025 under Section 69 of the B.N.S. The applicant claimed false implication, no incriminating material, no prior criminal record, and expressed willingness to marry the victim who was allegedly pregnant. The first informant did not object to the marriage, while the State opposed bail. Relying on the Supreme Court’s guidelines in Kapil Wadhawan and Maya Tiwari, and noting jail overcrowding, the court granted bail without commenting on the merits. The order imposed standard bail conditions, including non‑interference with evidence and cooperation with trial, and directed verification of identity and prompt release through the Bail Order Management System.
Issues considered
- Whether bail should be granted to the accused under Section 69 of the B.N.S. given the alleged false promise of marriage and pregnancy claim
- Whether the applicant's lack of criminal history and willingness to marry the victim justify bail
- Whether the conditions imposed are appropriate under prevailing jurisprudence and jail overcrowding concerns
Subjects
- bail
- Section 69 B.N.S.
- false implication
- overcrowded jails
- marriage promise
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 37104 of 2025
Tazuddin
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Kamlesh Shrama, Manindra Mohan
Pandey, Pankaj Dwivedi, Rishabh
Dubey, Saroj Kumar Dubey
Counsel for Opposite Party(s) : Mohammad Tausif, Saddam Husain,
G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Supplementary affidavit filed on behalf of the applicant is taken on
record
2. Heard Shri Manindra Mohan Pandey, learned counsel for the applicant,
Shri Saddam Husain, learned counsel for the first informant and Shri B.P.
Maurya, learned A.G.A. for the State and perused the record.
3. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 501 of 2025, under Section 69 of
B.N.S., Police Station Fazalganj, District Gorakhpur, during the pendency
of the trial.
4. Learned counsel for the applicant has submitted that the applicant has
been falsely implicated in the present case though there is no
incriminating material against him. It is further submitted that the
applicant is now ready and willing to solemnize the marriage with the
victim and as per allegation in the first information report, the applicant is
said to have established physical relationship with the victim on the false
promise of marriage. It is further submitted that the applicant is having no
criminal history and the applicant has been languishing in jail since
11.06.2025, in case, he is granted bail, he will not misuse the liberty of
bail and would cooperate in the trial proceedings.
BAIL No. 37104 of 2025
2
5. Per contra, learned counsel for the first informant has no objection, if
the applicant is ready and willing to marry the victim.
6. Learned A.G.A. has vehemently opposed the prayer for bail.
7. As per first information report, the applicant is said to have established
physical relationship with the victim on the false promise of marriage and
the victim is stated to be pregnant and the applicant is now ready and
willing to solemnize the marriage with the victim. It is further submitted
that the applicant is having no criminal history and the applicant has been
languishing in jail since 11.06.2025.
8. Considering the entire facts and circumstances of the case, submissions
of learned counsel for the parties 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 as well as guideline of this Court
in the case of Maya Tiwari Vs. State of U.P. reported in 2024 SCC
Online All 6765 regarding grant of bail 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.
9. Accordingly, the present application is ALLOWED.
10. Let the applicant- Tazuddin 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.
BAIL No. 37104 of 2025
3
(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.
11. In case of breach of any of the above conditions, it shall be a ground
for cancellation of bail.
12. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
Verification of mobile number and Aadhaar card of the applicant as well
as sureties should be verified by the court concerned.
13. It is further 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.
14. Office is directed to send a copy of this order to the applicant through
Jail Superintendent, Gorakhpur via e-mail or e-prison portal 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.
(Jitendra Kumar Sinha,J.)
September 8, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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