Asif Vs State of U.P.

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 4924 of 2026

Asif

.....Applicant(s)

Versus

State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s)	: Rajiv Chowdhury
Counsel for Opposite Party(s)	: G.A.
Court No.- 66

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HON'BLE SAMEER JAIN, J.

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Heard Sri Rajiv Chowdhury, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 436 of 2025, under Sections 317(2), 318(4), 303(2), 123 BNS, Police Station Sigra, District Varanasi, during pendency of the trial in the court below.

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Learned counsel for the applicant submitted that FIR of the present case was lodged against unknown persons and according to the FIR by using some poisonous intoxicated items some unknown person committed theft from the informant and during investigation on the basis of recovery of certain stolen articles of informant applicant has been made accused in the present matter but entire allegation levelled against the applicant are totally false.

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He further submitted that except offence under section 123 BNS all the alleged offences are triable by Magistrate with maximum punishment of five years and there is no cogent evidence of offence punishable under section 123 BNS against the applicant.

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He further submitted that however, as per the prosecution apart from the present case applicant is having criminal history of 12 other cases but in the supplementary affidavit dated 8.2.2026 applicant specifically denied this fact and stated that the alleged criminal history is of one another Asif, Grand son of Zabir, while, name of grand father of the applicant is Ghasita.

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BAIL No. 4924 of 2026

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2

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He further submitted that applicant was not having any previous criminal history, however, when he was arrested then he also has been made accused in one case relating to police encounter and in that case, he is on bail and he is in jail in the present matter since 9.11.2025 i.e. for last six months.

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Per contra, learned AGA opposed the prayer for bail and submitted that as per his instruction applicant is having criminal history of 12 other cases however he could not dispute the other arguments on facts advanced by learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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However, as per allegation applicant by using some poisonous substance committed the theft from the informant alongwith others and some of the alleged stolen articles were also recovered from the possession of the applicant but except offence under section 123 BNS, all the alleged offences are triable by Magistrate with maximum punishment of five years and prima facie, with regard to the offence under section 123 BNS it appears there is no cogent evidence against the applicant on record.

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Further, however, as per prosecution applicant is also having previous criminal history of 12 cases but according to applicant the disclosed criminal history is not of the applicant rather is related to one another Asif, grand son of one Zabir and applicant is grand son of Ghazeta.

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Be that as it may, considering the totality of the facts of the case, in considered view of this Court, it is not proper to withhold the instant bail application merely due to above alleged criminal history of the applicant.

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Further, in the present matter, applicant is in jail for last six months.

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Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Asif , be released on bail in the aforesaid case on 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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BAIL No. 4924 of 2026

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3

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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May 5, 2026 Ankita

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(Sameer Jain,J.)

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Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad

Asif v. State of U.P.

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Asif v. State of U.P.

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