Allahabad High Court
JAVEDversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of Javed, who is accused of offences under IPC Sections 364, 302 and 201 arising from a 2017 incident. Javed has been in judicial custody since 28 January 2018 and the trial remains pending, with co‑accused already granted bail by other benches. The applicant’s counsel highlighted the prolonged pre‑trial detention, the similarity of his role to that of the co‑accused, and his prior criminal history disclosed in a supplementary affidavit. The State opposed bail, but the Court, noting overcrowded prisons, case pendency, and the Supreme Court precedents in Kapil Wadhawan v. CBI and Maya Tiwari v. State of U.P., found no substantive reason to deny bail. Consequently, the Court ordered Javed’s release on bail subject to a personal bond, two sureties and specific conditions. The order also directed verification of identities and electronic transmission of the release order to the jail.
Issues considered
- Whether the applicant Javed is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the seriousness of the offences (IPC 364, 302, 201).
- Whether the prolonged pre‑trial detention and the bail granted to co‑accused justify granting bail to the applicant.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 483
- Indian Penal Code — s. 201, 302, 364
Subjects
- bail
- pre‑trial detention
- overcrowded prisons
- Section 483 B.N.S.
- IPC 364
- IPC 302
- IPC 201
- Supreme Court precedent
- co‑accused bail
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 40207 of 2025
Javed
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Kalp Dev Mishra, Mohd. Akbar Shah
Alam Khan, Suneel
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Kalp Dev Mishra, learned counsel for the applicant who has
filed supplementary affidavit today which is taken on record, Sri Chandra
Shekhar Saran, learned AGA for the State-respondents and perused the
record.
2. The present bail application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023, has been filed on behalf of applicant with a prayer
to release him on bail in Case Crime No. 598 2017 under Sections 364, 302,
201 IPC registered at Police Station Civil Lines, District Muzaffar Nagar
during pendency of the trial.
3. It has been argued by learned counsel for the applicant that applicant has
been languishing in jail for the last eight years i.e. 28.1.2018 and the trial
has not yet concluded and the same is not likely to conclude in near future. It
is next submitted that similarly placed co-accused persons Mahboob @
Mahmood, Momin @ Mohsin, Aashu @ Aash Mohammad and Mulla Kasim
have already been granted bail by different co-ordinate Benches of this
Court and role of the applicant is not distinguishable from the roles of
aforesaid co-accused persons. It is further submitted that applicant has
criminal history of two cases which has been duly explained in the
supplementary affidavit filed today.
5. On the other hand, learned A.G.A. opposed the prayer for grant of bail to
the applicant.
BAIL No. 40207 of 2025
2
6. As per the FIR, brother of the first informant had gone missing on
04.6.2017 and FIR has been lodged on 26.6.2017 and the dead body of the
deceased was recovered on 09.7.2017. Applicant has been languishing in jail
for the last eight years i.e. 28.1.2018 and the trial has not yet concluded and
the same is not likely to conclude in near future. Similarly placed co-accused
persons Mahboob @ Mahmood, Momin @ Mohsin, Aashu @ Aash
Mohammad and Mulla Kasim have already been granted bail by different
co-ordinate Benches of this Court and role of the applicant is not
distinguishable from the roles of aforesaid co-accused persons. Applicant
has criminal history of two cases which has been duly explained in the
supplementary affidavit filed today.
7. 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.
8. Let the applicant Javed 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
BAIL No. 40207 of 2025
3
of any crime after being released on bail.
(iv) The applicant shall attend in accordance with the conditions of the bond
executed by him.
9. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
10. 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.
11. 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.
12. Office is directed to send a copy of this order to the applicant through
concerned Jail Superintendent 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 29, 2026
Madhurima
Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad
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