Allahabad High Court
SHUAIBversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
The Allahabad High Court considered a bail application filed by Shuaib, who was arrested in connection with a murder‑related case (Criminal Misc. Bail Application No. 7462 of 2025) under several IPC sections. The applicant argued that he was not named in the FIR and that the only allegation against him stemmed from a co‑accused’s statement, with no other material linking him to the crime. The State opposed bail but did not dispute these factual contentions. Citing the Supreme Court’s guidelines in Kapil Wadhawan v CBI (2025) and Maya Tiwari v State of U.P. (2024), as well as the policy for grant of bail (2023), the court held that the applicant was entitled to bail, especially given the lack of substantive evidence, the principle of parity with a co‑accused already released, and the need to address jail overcrowding. The court ordered his release on bail subject to standard conditions and procedural safeguards.
Issues considered
- Whether bail should be granted to an accused not named in the FIR and only implicated through a co‑accused’s statement.
- Whether the principle of parity with a co‑accused already released on bail warrants granting bail to the applicant.
- Whether the nature of the offences and the pending trial justify continued detention.
Legislation cited
- Indian Penal Code — s. 103(1), 109, 308(5), 351(3), 352, 61(2)
Subjects
- bail
- criminal procedure
- Indian Penal Code
- non‑named in FIR
- co‑accused statement
- parity
- overcrowded jails
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 7462 of 2025
Shuaib
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Varun Dev Sharma
Counsel for Opposite Party(s) : G.A., Raj Narayan Gupta
Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Varun Dev Sharma, learned counsel for the applicant,
Sri Raj Narayan Gupta, learned counsel for the first informant and Sri
Ram Kumar Verma, 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.281 of 2024, under Sections-
103(1), 109, 352, 351(3), 308(5) and 61(2) BNS, Police Station-
Kithore, District-Meerut, during the pendency of the trial.
3. The contention of learned counsel for the applicant is that the
applicant was not named in the FIR, wherein the allegation has been
made against the named accused for killing the deceased by causing
firearm injury. It is further submitted that the first informant did not
make any allegation against the applicant in his statement.
Subsequently, in the second statement of the named accused,
Salman, the name of the applicant surfaced as one of the persons
who persuaded the named accused, Alim, to kill the deceased to
extort money, in case he did not pay the extortion money. It is further
submitted that there is no material against the applicant regarding his
involvement in the incident in question except the second statement
of the co-accused, Salman, who has already been released on bail by
this Court in Criminal Misc. Bail Application No. 37263 of 2025 vide
order dated 06.04.2026. Therefore, the applicant is also entitled to be
released on bail on the ground of parity. It is further submitted that the
applicant has explained the criminal history of three cases in the
accompanying affidavit. It is further submitted that charge sheet has
been filed in the present case, therefore, there is no requirement of
custodial interrogation. The applicant is a law abiding citizen and he
BAIL No. 7462 of 2025
2
is languishing in jail since 24.01.2022. In case, he is granted bail, he
will not misuse the liberty of bail and would cooperate in the trial
proceedings.
4. Per contra, learned counsel for the first informant as well as
learned A.G.A. have vehemently opposed the prayer for bail but
could not dispute the aforesaid facts.
5. Considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties and keeping in view
the nature of offence, evidence, complicity of the accused and taking
into account overcrowded jails and heavy pendency of criminal cases
before the trial courts as well as considering the mandate of the
judgement of the Apex Court in the case of Kapil Wadhawan vs
Central Bureau of Investigation reported in 2025 SCC OnLine SC
3038 as well as guideline of this Court in the case of Maya Tiwari Vs.
State of U.P. reported in 2024 SCC Online All 6765 regarding grant
of bail and without expressing any opinion on the merits of the case, I
am of the opinion that the applicant is entitled to be enlarged on bail.
6. Let the applicant- Shuaib, involved in the aforementioned crime be
released on bail, on his 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 not directly or indirectly make any 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 to
any police officer or tamper with the evidence.
ii. The applicant shall cooperate in the trial/investigation sincerely
without seeking any adjournment.
iii. The applicant shall not indulge in any criminal activity or
commission of any crime after being released on bail.
iv. The applicant shall attend in accordance with the conditions of the
bond executed by him.
7. In case of breach of any of the above conditions, it shall be a
ground for cancellation of bail.
8. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
BAIL No. 7462 of 2025
3
9. Verification of mobile number and Aadhaar card of the applicant as
well as sureties should be verified by the court concerned.
10. 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.
11. 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.
12. Office is directed to send a copy of this order to the applicant
through concerned Jail Superintendent via e-mail or e-prison portal
within 24 hours in compliance of the order of the Apex Court in the
case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ
Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in
(2024) 10 SCC 685.
April 27, 2026
S.C.
(Arun Kumar Singh Deshwal,J.)
Digitally signed by :-
SHUBHAM CHAURASIA
High Court of Judicature at Allahabad
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