Allahabad High Court
SHOYEBversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that bail should be granted as the applicant had made out a prima facie case for release.
Summary
The applicant, Shoyeb, filed a bail application in Criminal Case No.473 of 2025, which involved charges under Sections 103(1), 190, 191(2), 191(3) of the Indian Penal Code and Section 4/25 of the Arms Act. The applicant was not named in the FIR; his name appeared only in the statement of a squealer, which the court held to have no evidentiary value. After hearing counsel for both sides and reviewing the material on record, the court examined whether a prima facie case existed to justify denial of bail. Finding that the allegations lacked substantive proof and that the applicant’s liberty could be secured with conditions, the court concluded that bail was appropriate. Consequently, the court ordered the release of the applicant on personal bond and two sureties, subject to conditions against tampering with evidence, witness intimidation, and mandatory appearance before the trial court.
Issues considered
- Whether the applicant is entitled to bail despite being implicated only through a squealer’s statement.
- Whether the charges under the IPC and Arms Act warrant denial of bail in the absence of substantive evidence.
Legislation cited
- Arms Act, 1959 — s. 25, 4
- Indian Penal Code — s. 103(1), 190, 191(2), 191(3)
Subjects
- bail
- prima facie
- Indian Penal Code
- Arms Act
- evidence
- squealer
- surety
- witness intimidation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 9376 of 2026
Shoyeb
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Atul Kumar Kushwaha, Ray Sahab
Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 66
(Sr. No.17 out of 116)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Atul Kumar Kushwaha, learned counsel for the applicant, Sri
V.K.S. Parmar, learned A.G.A. for the State and perused the material placed
on record.
3. Applicant seeks bail in Case Crime No.473 of 2025, under Sections
103(1), 190, 191(2), 191(3) B.N.S. and Section 4/25 of Arms Act, Police
Station Kairana, District Shamli, during the pendency of trial.
4. Considering the facts and circumstances of the case, the submissions
made by learned counsel for the parties, the evidence on record, taking into
consideration that the applicant is not named in the FIR and his name has
come up in the statement of a squealer, which has no evidentiary value, and
without expressing any opinion on the merits of the case, prima facie the
Court is of the view that the applicant has made out a case for bail.
Accordingly, the bail application is allowed.
5. Let the applicant- Shoyeb, be released on bail on furnishing a personal
bond and two sureties to the satisfaction of the court concerned, subject to
verification of sureties, with the conditions that he shall not tamper with
evidence or intimidate witnesses and shall appear before the trial court as
required.
BAIL No. 9376 of 2026
2
6. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
March 19, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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