Jalis Khan Vs State of U.P. Thru. Prin. Secy… — Murder and Culpable Homicide | Allahabad HC (2025)

Jalis Khan Vs State of U.P. Thru. Prin. Secy… — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Second bail application allowed; accused/applicant Jalis Khan to be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned, subject to conditions: (i) not tampering with prosecution evidence or intimidating/pressurizing witnesses; (ii) sincere cooperation in trial without seeking adjournments; (iii) no criminal activity or commission of any crime after release. Breach of any condition shall be ground for cancellation of bail; identity, status and residence proof of the applicant and sureties to be verified by the Court concerned before bonds are accepted.

Issue for consideration

Whether the accused-applicant Jalis Khan, charged in Case Crime No.639 of 2019 (Ss. 147, 148, 302, 307, 120-B, 34 I.P.C., P.S. Mohammadi, Dist. Kheri) with a role stated to be identical to co-accused already released on bail and incarcerated since 09.12.2019 (over five years), should be granted bail during trial.

Court's answer

Similar role assigned in the F.I.R. to all accused persons, and identically placed co-accused Malook Khan, Isail Khan and Maseel Khan already granted bail by a coordinate Bench of this Court — parity weighs in favour of releasing the applicant on bail.

Ratio / Principle

The applicant's prolonged incarceration — in jail in this case for more than five years — was considered by the Court as a fact supporting grant of bail.

Key takeaways

Without expressing any opinion on the merits of the case, the Court considered it a fit case for bail and allowed the second bail application.ratio¶¶14
The observations in the order are only for the purpose of disposal of the bail application and shall not be construed as an expression of the Court on the merits of the case.obiter¶¶22

Detailed headnote1 paragraphs

BAIL ALLOWED — Allahabad High Court, Lucknow Bench (Neutral Citation 2025:AHC-LKO:47449; Brij Raj Singh, J.; order dated 13.8.2025): second bail application of accused Jalis Khan allowed in Case Crime No.639 of 2019 (Ss. 147, 148, 302, 307, 120-B, 34 I.P.C.; P.S. Mohammadi, Dist. Kheri) during trial; his first bail application had been dismissed as not pressed vide order dated 11.10.2023 in Criminal Misc. Bail Application No.13526 of 2021. Grounds: F.I.R. assigned a similar (firing) role to all accused; identically placed co-accused Malook Khan, Isail Khan and Maseel Khan already granted bail by a coordinate Bench vide order dated 30.07.2025 in Criminal Misc. Bail Application No.2174 of 2025; applicant in jail since 09.12.2019, i.e. more than five years. Counsel relied on Union of India vs. K.A. Najeeb (AIR 2021 SC 712), Paras Ram Vishnoi vs. Director, CBI (Cr. Appeal No.693 of 2021) and Gokarakonda Naga Saibaba vs. State of Maharashtra ((2018) 12 SCC 505) on prolonged incarceration; the Court considered these submissions but rested its decision on parity and the period of custody. Release ordered on personal bond with two sureties subject to standard conditions (no tampering with evidence/witnesses, cooperation in trial, no fresh criminal activity); breach to constitute ground for cancellation. Court expressly recorded no opinion on the merits.

Neutral Citation No. - 2025:AHC-LKO:47449

Court No. - 28

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2172 of 2025

Applicant :- Jalis Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko.

Counsel for Applicant :- Ram Kumar Verma,Amit Kumar Awasthi,Jai Prakash Yadav Counsel for Opposite Party :- G.A.

Hon'ble Brij Raj Singh,J.

Heard Shri Amit Kumar Awasthi, learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.

This second bail application has been moved by the accused/applicant- Jalis Khan for grant of bail, in Case Crime No.639 of 2019, under Sections 147, 148, 302, 307, 120-B, 34 I.P.C., Police Station Mohammadi, District Kheri, during trial as his first bail application has been dismissed as not pressed by this Court vide order dated 11.10.2023 passed in Criminal Misc. Bail Application No.13526 of 2021.

Learned counsel for the accused-applicant submits that the applicant is in jail in this case since 09.12.2019 i.e. for more than five years. It has also been submitted that bare perusal of the F.I.R. indicates that all the accused persons including present applicant have been assigned the role of firing and identically placed co-accused persons namely Malook Khan, Isail Khan and Maseel Khan have been granted bail by a coordinate Bench of this Court vide order dated 30.07.2025 passed in Criminal Misc. Bail Application No.2174 of 2025. The role of the applicant is also at par with co-accused persons,

who have been granted bail.

Learned counsel for the applicant has placed reliance upon the judgement of Hon'ble Apex Court in re: Union of India vs. K.A. Najeeb ; AIR 2021 SC 712 and Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation passed in Criminal Appeal No.693 of 2021 (Arising out of SLP (Crl.) 3610 of 2020; and Gokarakonda Naga Saibaba vs. State of Maharashtra; (2018) 12 SCC 505 wherein the Apex Court has considered the long period of incarceration.

It is next submitted that criminal history of the applicant has been explained in paragraph No.36 of the affidavit filed in support of this bail application and there is no apprehension that after being released on bail the applicant may flee from the course of law or may otherwise misuse the liberty.

Learned A.G.A., however, opposes the prayer of bail of the applicant on the ground that the applicant has committed heinous offence, but could not dispute the other factual submissions made by learned counsel for the applicant.

Having heard learned counsel for the parties and having considered the facts that in the F.I.R. similar role has been assigned to all the accused persons and identically placed coaccused persons namely Malook Khan, Isail Khan and Maseel Khan have been granted bail by a coordinate Bench of this Court as well as the applicant is in jail in this case for more than five years, without expressing any opinion on the merits of the case, this Court is of the considered view that it is a fit case for bail. This second bail application is allowed .

Let the accused/applicant- Jalis Khan involved in abovementioned case, be released on bail on his furnishing a personal

bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

(ii) The applicant shall cooperate in the trial 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.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

Identity, status and residence proof of the applicant and sureties be verified by the Court concerned before the bonds are accepted.

Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression of this Court on the merits of the case.

(Brij Raj Singh,J.)

Order Date :- 13.8.2025 Anupam S/-

Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench