Allahabad High Court
MOHD TAHIR @ TEHRIRversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
Since the primary prosecution witnesses have turned hostile and there is no likelihood of conviction at this stage, the court held that bail should be granted subject to conditions.
Summary
The applicant, Mohd. Tahir @ Tehrir, filed a second bail application in a criminal case (Crime No. 465 of 2025) involving offences under Sections 109, 127(2), 115(2), 351(3) and 352 of the IPC, alleging assault causing serious injury. The first bail application had been rejected. The applicant argued that both the informant and the injured witness had turned hostile, eliminating the prosecution's key evidence, and highlighted his lack of prior criminal record and prolonged pre‑trial detention since May 19, 2025. The State opposed bail, emphasizing the gravity of the alleged assault and the fracture injury to the victim. The court, after considering the hostile witnesses and the unlikely near‑term conclusion of the trial, found a prima facie case for bail and ordered the applicant’s release on bail with standard conditions. The order also directed procedural steps for the release through the Bail Order Management System.
Issues considered
- Whether bail should be granted when the principal prosecution witnesses have turned hostile.
- Whether the seriousness of the alleged assault offences precludes bail despite hostile witnesses.
- Whether prolonged pre‑trial detention and the applicant’s clean record justify bail.
Legislation cited
- Indian Penal Code — s. 109, 115(2), 127(2), 351(3), 352
Subjects
- bail
- hostile witnesses
- IPC sections 109,127,115,351,352
- pre‑trial detention
- criminal assault
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 5838 of 2026
Mohd Tahir @ Tehrir
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Daksha Yadav, Farha Naz, Krishna
Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 72
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard, Sri Abhinav Kumar Pandey, Learned Advocate, holding the
brief of Ms. Farha Naz, the Learned counsel for the applicant, Learned
A.G.A. for the State and perused the record.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No.465 of 2025, under Sections 109,
127(2), 115(2), 351(3), 352 B.N.S., Police Station- Bahedi, District-
Bareilly.
3. This is the second bail application.
4. The first bail application of the applicant was rejected by this Court by
the order dated 19.08.2025 passed by Hon'ble Sanjay Kumar Singh, J.
5. The new ground urged by the Learned counsel for the applicant in the
second bail application is that the informant and the injured of the case,
both have turned hostile and have not supported the prosecution version.
The applicant claims to be in jail since 19.05.2025 and almost a year has
passed. He further contends that once the primary witnesses of
prosecution have not supported the prosecution case in its entirety, there
is no likelihood of the applicant being convicted. He further contends that
the applicant has no criminal antecedents.
6. The Learned A.G.A., on the other hand, has opposed the prayer for
grant of bail and has contended that the applicant has been assigned the
BAIL No. 5838 of 2026
2
specific role of assaulting the injured Vishal, which led to serious injures
including a fracture on L-1 vertebra. The Learned A.G.A., however, could
not dispute the fact that the informant and the injured witness have both
turned hostile to the prosecution case.
7. I have considered the submissions made by the Learned counsels for
the parties and perused the material brought on the record.
8. The applicant is stated to be in jail since 19.05.2025. The informant and
the injured have both turned hostile and have not supported the
prosecution version. The order-sheet that has been filed today in Court
and the entire material on record indicate that the witness Ramveer is to
be examined next. The trial against the applicant is not likely to conclude
in the near future.
9. Taking into account all the facts and circumstances of the case, prima
facie, a case for bail is made out.
10. The bail application is allowed.
11. Let the accused-applicant- Mohd. Tahir @ Tehrir, involved in above
mentioned case crime number be released on bail, on his executing a
personal bond and two reliable sureties each, in the like amount to the
satisfaction of the court concerned, subject to the following conditions:
i. The applicant will not tamper with the evidence.
ii. The applicant will not indulge in any criminal activity.
iii. The applicant will not pressurize/intimidate the prosecution witnesses
and co-operate in the trial.
iv. The applicant will appear regularly on each and every date fixed by the
trial court, unless his personal appearance is exempted by the court
concerned.
12. In the event of breach of any of the aforesaid conditions, the court
below will be at liberty to proceed to cancel his bail.
BAIL No. 5838 of 2026
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13. It is made clear that the applicant shall be released on the basis of
computer generated copy of this order, downloaded from the official
website of High Court Allahabad and verified by the concerned counsel
with the undertaking that the certified copy will be filed within 15 days.
14. 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.
15. The observations made hereinabove are exclusively for deciding the
instant bail application and are not to be considered to be an opinion on
the merits of the case.
(Rajiv Lochan Shukla,J.)
May 18, 2026
Sachin
Digitally signed by :-
SACHIN TIWARI
High Court of Judicature at Allahabad
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