Allahabad High Court
TEETUversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The bail application is allowed despite the lack of identification parade and the applicant's criminal history.
Summary
The accused Teetu applied for bail in a case (Crime No. 178 of 2024) involving alleged robbery of a woman, with the FIR lodged on 13.07.2024. The prosecution’s case rests solely on a disclosure statement and recovered articles, with no identification parade conducted. The applicant has a substantial criminal history, including 16 prior cases, but is presently on bail in 15 of them and faces a gangster charge in the current matter. The State opposed bail but could not dispute the factual matrix. The Court, noting the lack of substantive incriminating material beyond the disclosure statement and applying Supreme Court precedents (Girish Gandhi v. State of UP and Policy Strategy for grant of bail in re), allowed the bail application, ordering release on personal bond and sureties.
Issues considered
- Whether bail can be granted when the only evidence is a disclosure statement and no identification parade has been conducted.
- Whether the applicant's extensive criminal history justifies denial of bail.
- How the Supreme Court guidelines in Girish Gandhi v. State of UP and Policy Strategy for grant of bail in re apply to the bail decision.
Legislation cited
- Indian Penal Code — s. 309, 317, 331
Subjects
- bail
- criminal procedure
- disclosure statement
- identification parade
- Indian Penal Code
- Supreme Court precedent
- criminal history
- trial stage
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 41402 of 2025
Teetu
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Narayan Swaroop, Vinay Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Sri Narayan Swaroop, learned counsel for the accused-applicant hands
up the supplementary affidavit explaining the criminal history. The same
is taken on record.
1A. Heard Sri Swaroop, learned counsel for the accused-applicant and
learned A.G.A. for the State.
2. The present bail application has been moved by the accused-applicant
Teetu to enlarge him on bail in Case Crime No. 178 of 2024, under
Sections 331(4), 309(6), 317(2) BNS, P.S.- Bhopa, District- Muzaffar
Nagar, during the pendency of trial.
3. It is contended by learned counsel for the accused-applicant that the
F.I.R. has been lodged on 13.07.2024 by Iswar with the allegation that his
wife Rajkali, who was all alone in the house, when anonymous persons
entered the house and robbed his wife with jewellery. The accused-
applicant has been arrested along with other co-accused in the police
encounter case and in the disclosure statement as well as recovery of
some articles, the accused-applicant has been made an accused in the
present case. Further contended that except the disclosure statement of the
accused, there is no other incriminating materials against him. The
applicant has 16 cases criminal history, in 15 cases, he is on bail and one
case is of gangster, which is invoked by the police after the present case,
wherein the bail application is pending. The charge sheet is submitted.
The trial is still at the nascent stage. The applicant is in jail since
BAIL No. 41402 of 2025
2
18.07.2024 and hence, the applicant seeks to be released on bail.
4. Learned A.G.A. for State has opposed the prayer for bail of the
applicant, but could not dispute the aforesaid facts.
5. This Court has taken into consideration the rival submissions made by
learned counsel for the parties and perused the record.
6. Considered that merely on the basis of disclosure statement, the
accused-applicant has been made an accused in the present case and there
is no test identification parade carried out.
7. Hence, without touching merit of the case, the bail application is
allowed.
8. The accused/applicant be released on bail in the aforesaid case on
furnishing a personal bond and two sureties each in the like amount to the
satisfaction of court concerned in view of observation made by the
Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar
Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in
re [(2024)10SCC 685].
9. The accused-applicant shall cooperate in judicial process for fair and
speedy disposal.
(Avnish Saxena,J.)
September 30, 2026
Shivangi
Digitally signed by :-
SHIVANGI YADAV
High Court of Judicature at Allahabad
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