Allahabad High Court

GULZARversusSTATE OF U.P.

Decided: 23 March 2026
Bench: RAJ BEER SINGH

Holding

The court allowed the second bail application, granting bail to Gulzar subject to conditions.

Summary

The High Court considered a second bail application filed by Gulzar, accused under Sections 302 and 394 of the IPC for a murder and robbery alleged to have occurred on 16 September 2017 in Noida. Gulzar contended that he was falsely implicated, that there were no eyewitnesses, no incriminating material recovered, and that his involvement was based solely on a co-accused's statement. He also highlighted that he had already spent over five and a half years in custody, that a co-accused (Imran @ Haiza) had been granted bail, and that the trial had not progressed for more than two years since the first bail denial. The State argued that the earlier bail application had been rejected on merits and no new ground existed for a fresh application. The Court, noting the prolonged detention, the grant of bail to a co-accused, and the absence of fresh material, held that a case for bail existed and allowed the second bail application with standard conditions.

Issues considered

Can a second bail application be entertained after an earlier bail denial on merits?
Does prolonged pre‑trial detention and the grant of bail to a co‑accused justify granting bail to the applicant?
Are there any new grounds or material that warrant reconsideration of bail?

Legislation cited

Indian Penal Code — s. 302, 394

Subjects

bail
second bail application
pre‑trial detention
IPC 302
IPC 394
false implication
co‑accused bail
Uttar Pradesh

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 7255 of 2026

Gulzar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)

Counsel for Applicant(s) : Amir Khan
Counsel for Opposite Party(s) : G.A.

Court No. - 90
HON'BLE RAJ BEER SINGH, J.

1. Heard learned counsel for the applicant and learned A.G.A. for the
State.

2. The present second bail application has been filed on behalf of the
applicant in S.T. No. 267 of 2018, arising out of Case Crime No. 1026
of 2017, under Sections 302, 394 IPC, P.S. Sector 20 Noida, District
Gautam Budh Nagar with the prayer to enlarge the applicant on bail.
The first bail application of applicant was rejected by this Court on
merits vide order dated 05.03.2024.

3. It has been argued by learned counsel for the applicant-accused
that the applicant-accused is innocent and he has been falsely
implicated in this case. It was alleged in the first information report
that on 16.09.2017 near East End Apartment, Noida, some unknown
persons have committed murder of father of informant and an amount
of Rs.7,00,000/- was robbed from the deceased. Applicant is not
named in the first information report. Learned counsel submitted that
involvement of the applicant has been shown on the basis of
statement of co-accused Imran. There is no eye witness of alleged
incident. No recovery of any incriminating article has been made from
the applicant.
BAIL No. 7255 of 2026
2

4. It is further submitted that the first bail application of applicant was
rejected by this Court vide order dated 05.03.2024 and since then a
period of more than two years have passed but the trial has not been
concluded so far. It was pointed out that while rejecting the first and
second bail applications of co-accused Imran @ Haiza this Court has
directed to expedite the trial but despite that the trial could not be
expedited. Similarly placed co-accused Imran @ Haiza has already
been granted bail by this Court. Criminal history of five cases shown
against the applicant has been explained. Applicant is languishing in
jail since 03.10.2020 and thus, he has already undergone the
detention of about five and a half years. Lastly, it was submitted that
in case applicant is enlarged on bail, he will not misuse the liberty of
bail.

5. Learned A.G.A. has opposed the application and argued that the
first bail application of applicant has already been rejected by this
Court on merits and that no new ground for entertaining this second
bail application is made out.

6. Considering the submissions of learned counsel for the parties and
all attending facts and circumstances of the case, particularly the fact
that applicant has already undergone the detention of about five and
a half years and co-accused Imran @ Haiza has already been
granted bail, without expressing any opinion on the merits, a case for
bail is made out. Hence, the present second bail application is hereby
allowed.

7. Let the applicant Gulzar involved in the aforesaid crime be
released on bail on furnishing a personal bond and two local sureties
each of the like amount to the satisfaction of court concerned subject
to the following conditions:

i. The applicant shall not tamper with the evidence during trial.
BAIL No. 7255 of 2026
3

ii. The applicant shall not pressurize/intimidate the prosecution
witnesses.

iii. The applicant shall appear before the trial court on the date fixed,
unless personal presence is exempted.

iv. The applicant shall not try to contact, threat or otherwise influence
the informant or any of the witness of the case.

8. In case of breach of any of the above condition, the trial court shall
be at liberty to cancel the bail of applicant in accordance with law.

March 24, 2026
Anand
(Raj Beer Singh,J.)

Digitally signed by :-
ANAND VERMA
High Court of Judicature at Allahabad

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