Jainul Vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 16734 of 2026

Jainul

	Versus	.....Applicant(s)
State of U.P.		.....Opposite Party(s)
Counsel for Applicant(s)	:	Devesh Kumar Shukla
Counsel for Opposite Party(s)	:	G.A.

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Court No. - 67

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HON'BLE ARUN KUMAR SINGH DESHWAL, J.

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Heard Sri Devesh Kumar Shukla, learned counsel for the applicant, Sri DPS Chauhan, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 442 of 2025, Under Sections 103(1), 238, 3(5) B.N.S., Police Station-Najibabad, District-Bijnor, during the pendency of the trial.

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Contention of learned counsel for the applicant is that the applicant was not named in the FIR. Subsequently, in the confessional statement of the named accused, Rafeeq, the name of the applicant surfaced as one of his accomplices along with co-accused Arshad and Arif; however, there is no incriminating material against the applicant except recovery of one scarf which itself belongs to the applicant.

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It is further submitted that co-accused Saleem, has already been released on bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No. 14210 of 2026 vide order dated 06.05.2026. Therefore, the applicant having an identical role, is also entitled to be released on bail on the ground of parity. It is further submitted that the applicant has no criminal history. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and he is languishing in jail since 06.04.2026. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

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BAIL No. 16734 of 2026

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2

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Per contra, learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and taking into account the fact that similarly situated co-accused has been enlarged on bail and keeping in view the nature of offence, evidence, complicity of the 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 as well as guideline of this Court in the case of Maya Tiwari Vs. State of U.P., 2024 SCC Online All 6765 regarding grant of bail 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. Accordingly, the present application is allowed .

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Let the applicant- Jainul, 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:-

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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.

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ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment.

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iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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iv. The applicant shall attend in accordance with the conditions of the bond executed by him.

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

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BAIL No. 16734 of 2026

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3

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

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Verification of mobile number and Aadhaar card of the applicant as well as sureties should be verified by the court concerned.

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It is further 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.

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Office is directed to send a copy of this order to the applicant through Jail Superintendent, Bijnor via e-mail or e-prison portal within 24 hours 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.

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(Arun Kumar Singh Deshwal,J.)

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May 18, 2026 SA

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Digitally signed by :- SALMAN ALI High Court of Judicature at Allahabad

Jainul v. State of U.P.

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Jainul v. State of U.P.

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