Allahabad High Court
ALAM AND ANOTHERversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The Court granted bail to the applicants, finding that they satisfied the criteria for release pending trial.
Summary
The High Court considered a bail application filed by Alam and Husain Ahmad, who were arrested in connection with a land‑sale dispute alleged under several sections of the BNS. The applicants contended that the FIR was lodged four years after the alleged incident and that they were falsely implicated, having no criminal antecedents and no risk of fleeing or tampering with evidence. The State opposed bail but could not refute the factual background presented by the applicants. After evaluating the nature of the offences, the evidence on record, and the applicants' lack of prior convictions, the Court found that the applicants had made out a case for bail. Consequently, the Court granted bail subject to personal bond, sureties, and conditions to prevent evidence tampering, intimidation of witnesses, and further criminal activity.
Issues considered
- Whether bail should be granted to the accused despite the seriousness of the charges under the BNS.
- Whether the delay of more than four years in filing the FIR warrants bail on the ground of false implication.
- Whether there is a likelihood of the accused fleeing, tampering with evidence, or intimidating witnesses if released on bail.
Legislation cited
- BNS — s. 318(4), 336(3), 338, 340(2), 351(3), 352, 61(2)
Subjects
- bail
- criminal procedure
- false implication
- delay in FIR
- evidence tampering
- flight risk
- land dispute
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 9274 of 2026
Alam And Another
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Sushil Kumar Pandey
Counsel for Opposite Party(s) : G.A., Vikas Sharma
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard Shri Sushil Kumar Pandey, learned counsel for the applicants, Shri
Vikas Sharma and Shri Ramendra Pal Singh, learned A.G.A. for the State
and perused the record.
The present bail application has been filed by the applicants Alam and
Husain Ahmad, with a prayer to enlarge them on bail in Case Crime No.
586 of 2025, under Sections 318 (4), 338, 336 (3), 340 (2), 352, 351 (3),
61 (2) of BNS, Police Station-Nai Mandi, District-Muzaffar Nagar, during
pendency of trial.
Learned counsel for the applicants submits that the accused applicants are
innocent. They have been falsely implicated in the present case and is
languishing in jail since 14.12.2025. Learned counsel for the applicants
submits that first information report was lodged in the year 2025 with a
delay of more than four years for an incident taken place in the year 2021,
against four named persons, including the applicants, with the allegation
that the accused persons have taken Rs. 10,000,00/- as advance from the
first informant for selling four Bigha land of Khasra No. 495 belonging to
them and thereafter they were continuously making excuse from
executing sale deed. Thereafter the first informant got information that the
accused persons were not owner of the said land and the said land was
belonging to Abdul Wahab, Israr, Shamshad, Husain Ahmad and Yamin.
Learned counsel for the applicants submits that the applicants have
nothing to do with the present incident. The amount of Rs. 6,00,000/- has
been transacted in the account of the co-accused Gulnaz. After arguing at
BAIL No. 9274 of 2026
2
some length learned counsel for the applicant submits that in the present
case charge sheet against the applicants has been filed on 09.03.2026 and
cognizance has been taken by the Court concerned on 13.03.2026 and
there is no need of further custodial interrogation of the applicants. The
applicants has no criminal antecedents and there is no likelihood of their
fleeing from course of justice or tampering with evidence in case of
release on bail. Hence, bail has been prayed for.
Per contra, learned A.G.A. has opposed the bail prayer of the applicants
but could not dispute the aforesaid facts.
Considering the nature of the offence, material/evidence brought on
record, complicity of the accused, severity of punishment, the
submissions made by the learned counsel for the parties, the Court is of
the view that the applicants has made out a case for bail. The bail
application is allowed.
Let the applicants-Alam and Husain Ahmad, involved in aforesaid case
crime be released on bail on their furnishing a personal bond and two
local sureties each of the like amount to the satisfaction of the court
concerned, subject to the following conditions:-
1. The applicants will not tamper with the evidence.
2. The applicants will not indulge in any criminal activity.
3. The applicants will not pressurize/intimidate the prosecution witnesses
and co-operate in the trial.
4. The applicants will appear regularly on each and every date fixed by
the trial court, unless their personal appearance is exempted through
counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below
will be at liberty to proceed to cancel their bail.
(Ashutosh Srivastava,J.)
May 6, 2026
Deepak/
Digitally signed by :-
DEEPAK KUMAR KUSHWAHA
High Court of Judicature at Allahabad
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