Abdul Rahman @ Jasim Vs State of U.P. — Bail and Remand | Allahabad HC (2026)

Abdul Rahman @ Jasim Vs State of U.P. — Bail and Remand | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Accused-applicant Abdul Rahman @ Jasim to be released on bail on executing a personal bond and two reliable sureties each, to the satisfaction of the court concerned, subject to four conditions (no tampering with evidence; no criminal activity; no pressurizing/intimidating prosecution witnesses and cooperation in trial; regular appearance on every date fixed by the trial court unless exempted); breach entitles the court below to cancel bail.

Issue for consideration

Whether the accused-applicant Abdul Rahman @ Jasim should be enlarged on bail in Case Crime No. 690 of 2025 under Sections 316(5), 318(4) of the Bharatiya Nyaya Sanhita, 2023, Police Station Kotwali Nagar, District Banda.

Court's answer

Considering the facts and circumstances, nature of accusations, severity of punishment in case of conviction, nature of supporting evidence, reasonable apprehension of tampering with witnesses and prima facie case, but without commenting on the merit of the case, a case for bail is made out.

Ratio / Principle

The bail application is allowed; the accused-applicant is to be released on bail on executing a personal bond and two reliable sureties each, subject to conditions of non-tampering with evidence, abstention from criminal activity, non-intimidation of prosecution witnesses, cooperation in trial and regular appearance before the trial court, failing which the court below may cancel bail.

Detailed headnote1 paragraphs

Bail — Section 483, Bharatiya Nagarik Suraksha Sanhita, 2023 — applicant Abdul Rahman @ Jasim sought enlargement in Case Crime No. 690 of 2025, Sections 316(5), 318(4), Bharatiya Nyaya Sanhita, 2023, P.S. Kotwali Nagar, District Banda — in custody since 23.05.2025 — parity urged with co-accused Sheebu, granted bail on 16.04.2026 in Criminal Misc. Bail Application No. 10137 of 2026 — criminal antecedents of five other cases explained in supplementary affidavit — State opposed but did not dispute the facts — without commenting on merits, and considering nature of accusations, severity of punishment, supporting evidence and apprehension of witness tampering, bail allowed on personal bond and two reliable sureties with conditions against tampering, criminal activity and witness intimidation, and requiring regular trial attendance; breach permits cancellation by the court below.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 11640 of 2026

Abdul Rahman @ Jasim

.....Applicant(s)

Versus State of U.P. .....Opposite Party(s) Counsel for Applicant(s) : Baikunth Nath Singh, Manish Kumar Singh Counsel for Opposite Party(s) : G.A.

Court No. - 68

HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard learned counsel for the applicant, Sri Arimardan Yadav, learned AGA for the State-Respondent and perused the record.

This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of the accused-applicant seeking enlargement on bail in Case Crime No. 690 of 2025, under Sections 316(5), 318(4) of the Bharatiya Nyaya Sanhita, 2023, Police Station Kotwali Nagar, District Banda.

Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 23.05.2025. Learned counsel for the applicant submits that similarly circumstanced co-accused Sheebu has already been enlarged on bail by the Co-ordinate Bench of this Court vide order dated 16.04.2026 in Criminal Misc. Bail Application No. 10137 of 2026. He submits that the applicant has criminal antecedents of five other cases to his credit which has been explained in the supplementary affidavit. He further submits that there is no likelihood of his 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 prayer for bail of the applicant, but could not dispute the aforesaid fact.

Considering all above facts and circumstances, the nature of accusations,

BAIL No. 11640 of 2026

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severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.

Accordingly, the bail application is allowed .

Let the accused-applicant, Abdul Rahman @ Jasim, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

The applicant will not tamper with the evidence.

The applicant will not indulge in any criminal activity.

The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

The applicant will appear regularly on each and every date fixed by the trial court, unless his 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 his bail.

May 6, 2026

pks

(Ashutosh Srivastava,J.)

Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad