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Allahabad High Court
Islam Kadir vs State Of U.P. on 2 February, 2026
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2026:AHC:22009
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 2187 of 2026
Islam Kadir
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s)
:
Ajay Kumar Srivastava, Shivangi Bhargava
Counsel for Opposite Party(s)
:
G.A.
Court No. - 69
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Shivangi Bhargava, learned counsel for the applicant, Sri Roshan Kumar Singh, learned A.G.A. for the State and perused the record.
2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No.292 of 2025, under Sections 309(4) and 317(2) BNS, Police Station- Prem Nagar, District Bareilly.
3. Contention of learned counsel for the applicant is that the applicant was not named in the FIR. Subsequently, on the basis of recovery of Rs.21,000/- and one country made pistol, he has been falsely implicated though the victim has not identified the applicant even the gold chain alleged to be snatched has been recovered from the co-accused Salman. It is further submitted that there is no compliance of Section 105 BNSS regarding recording of recovery. He further submitted that charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. The applicant has explained the criminal history of four cases in the accompanying affidavit and he is languishing in jail since 07.08.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.
4. On the other hand, learned A.G.A. for the State opposed the prayer for bail but could not dispute the aforesaid fact.
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 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 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- Islam Kadir 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.
9. It is made clear that the applicant shall be released on the basis of downloaded copy of this order 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.
10. It is 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.
11. Office is directed to send a copy of this order to the applicant through concerned Jail Superintendent via e-mail or e-prison portal 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.
(Arun Kumar Singh Deshwal,J.)
February 2, 2026
A.Kr.
