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Allahabad High Court

MAZIDversusSTATE OF U.P.

Decided

Holding

The bail application is dismissed as it lacks merit and no new grounds are shown for granting bail.

Summary

The applicant, Mazid, sought bail in a case involving multiple serious offences under the Indian Penal Code, having been in custody since August 2020. This was his second bail application after a prior rejection. Counsel argued that the trial was progressing slowly, with only four witnesses examined, and that continued detention violated Article 21 rights. The State contended that the trial was advancing and that the applicant, as the main accused, was not entitled to bail. The court found no new grounds for granting bail, held the application devoid of merit, and rejected it, directing the trial to proceed expeditiously.

Issues considered

  • Whether bail can be granted to the main accused when the trial is ongoing and only a few witnesses have been examined.
  • Whether prolonged pre‑trial detention infringes the applicant's Article 21 right to liberty.
  • Whether the applicant has presented any new grounds justifying a fresh bail order.

Legislation cited

Subjects

  • bail
  • Article 21
  • pre‑trial detention
  • main accused
  • trial delay
  • Indian Penal Code
  • criminal procedure

Judgment

            HIGH COURT OF JUDICATURE AT ALLAHABAD
            CRIMINAL MISC. BAIL APPLICATION No. - 7258 of 2026

Mazid
                                                                .....Applicant(s)
                                     Versus

State of U.P.
                                                                    .....Opposite
                                                                          Party(s)

Counsel for Applicant(s)      : Abhishek Kumar Saroj, Hemendra
                                Pratap Singh, Nagendra Bahadur Singh
Counsel for Opposite Party(s) : G.A., Syed Shahnawaz Shah

Court No. - 66
(Sr. No.32 out of 116)

                         HON'BLE KRISHAN PAHAL, J.

1. List has been revised.

2. Heard Sri Hemendra Pratap Singh, learned counsel for applicant, Sri Syed
Shahnawaz Shah, learned counsel for the informant as well as learned
A.G.A. for the State.

3. The present bail application has been filed by the applicant in Case Crime
No.126 of 2024, under Sections 147, 148, 149, 323, 307, 325, 452, 504, 506,
308, 302 I.P.C., Police Station Gulawti, District Bulandshahr with the prayer
to enlarge him on bail.

4. This is the second bail application on behalf of the applicant. The first one
was rejected by this Court vide order dated 16.1.2025 passed in Criminal
Misc. Bail Application No.39631 of 2024.

5. Learned counsel for the applicant has argued that the trial is moving at a
snail's pace as only four witnesses have been examined to date and the cross-
examination of PW-4 is going on. As such, there is no likelihood of
conclusion of trial in near future. The applicant is languishing in jail since
6.8.2020, as such, the fundamental rights of the applicant enshrined under
Article 21 of the Constitution of India stand violated. There is no criminal
antecedent of the applicant. He is ready to cooperate with trial. In case, the
applicant is released on bail, he will not misuse the liberty of bail.
                                                                                                BAIL No. 7258 of 2026
                                                                     2


                                    6. Per contra, learned counsel for the informant and learned A.G.A. have
                                    vehemently opposed the bail application on the ground that trial is moving
                                    on and already four witnesses have been examined. The applicant is the
                                    main accused person, as such, he is not entitled to bail.

                                    7. After hearing learned counsel for the parties and taking into consideration
                                    the fact that applicant is the main accused person and there being no new
                                    ground for pressing the instant bail application, I do not find it a fit case for
                                    grant of bail to the applicant. The instant bail application is found devoid of
                                    merits and is, accordingly, rejected.

                                    8. However, it is directed that the aforesaid case pending before the trial
                                    court be decided expeditiously as early as possible in view of the principle as
                                    has been laid down in the recent judgments of the Supreme Court in the
                                    cases of Vinod Kumar vs. State of Punjab; 2015 (3) SCC 220 and Hussain
                                    and Another vs. Union of India; (2017) 5 SCC 702, if there is no legal
                                    impediment.

                                    9. 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.



                                                                                                (Krishan Pahal,J.)
                                    March 19, 2026
                                    Vikas Verma




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

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