Allahabad High Court
KISMAT ALI @ WALI MOHAMMADversusSTATE OF U.P.
- Decided
- Bench
- SAMEER JAIN
Holding
The applicant is entitled to be released on bail.
Summary
The High Court considered a bail application filed by Kismat Ali @ Wali Mohammad, who was accused under several sections of the BNS for alleged fraud involving a sale deed. The applicant claimed he was merely a witness to the deed executed by co‑accused Salim and denied any participation in the cheating. The State opposed bail but did not dispute the factual contentions. The Court noted that the offences are triable by a magistrate with a maximum punishment of seven years, the applicant has no prior criminal record, and he has been in custody for only four months. Considering these circumstances, the Court held that the applicant is entitled to bail, subject to standard conditions, without expressing any view on the merits of the case.
Issues considered
- Whether the applicant, alleged to be a witness, should be granted bail despite the charges of fraud and cheating.
- Whether the nature of the offences (triable by magistrate with maximum seven years imprisonment) and the applicant's clean record justify bail.
Legislation cited
- BNS — s. 115(2), 126(2), 316(2), 318(4), 351(3), 61(2)
Subjects
- bail
- criminal procedure
- witness
- fraud
- magistrate jurisdiction
- no prior criminal record
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 4893 of 2026
Kismat Ali @ Wali Mohammad
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Rupesh Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE SAMEER JAIN, J.
1. Heard Sri Rupesh Kumar Singh, learned counsel for the applicant and Sri Imran
Khan, learned AGA for the State-respondent.
2. The instant application has been filed seeking release of the applicant on bail in
Case Crime No. 656 of 2025, under Sections 316(2), 318(4), 61(2), 126(2), 115(2)
and 351(3) of BNS, Police Station Quarsi, District Aligarh, during pendency of the
trial in the court below.
3. Learned counsel for the applicant submitted that applicant is innocent and on the
basis of false allegation he has been made accused in the present matter alongwith co-
accused Salim.
4. He further submitted that as per allegation co-accused Salim fraudulently executed
the sale deed of a property in favour of the informant and in the sale deed applicant
was witness.
5. He further submitted that mere on the basis of above allegation it cannot be said that
applicant also involved alongwith the co-accused Salim in cheating the informant.
6. He further submitted that even all the alleged offences are triable by Magistrate
with maximum punishment of seven years and applicant is having no criminal history
and he is in jail in the present matter since 8.1.2026 i.e. for last four months.
7. Per contra, learned AGA opposed the prayer for bail but could not dispute the
arguments on facts advanced by learned counsel for the applicant.
8. I have heard learned counsel for the parties and perused the record of the case.
9. However, as per allegation applicant alongwith co-accused Salim cheated the
informant but it appears co-accused Salim was the principal accused who executed the
sale deed of the property in favour of the informant and applicant was only one of the
witness in the alleged sale deed.
BAIL No. 4893 of 2026
2
10. Further, even all the alleged offences are triable by Magistrate with maximum
punishment of seven years and applicant is having no criminal history and he is in jail
in the present matter since 8.1.2026 i.e. for last four months.
11. Therefore, considering the facts and circumstances of the case, discussed above, in
my view, applicant is entitled to be released on bail.
12. Accordingly, without expressing any opinion on the merits of the case, the instant
bail application is allowed.
13. Let the applicant-Kismat Ali @ Wali Mohammad, 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 the court concerned with the following conditions:-
(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.
14. 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.
15. 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.
May 5, 2026
Ankita
(Sameer Jain,J.)
Digitally signed by :-
ANKITA SRIVASTAVA
High Court of Judicature at Allahabad
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