Aslam @ Sultan vs State Of U.P.

1. Heard Sri Masoom Alam, learned counsel for the applicant, Sri D.P.S. Chauhan, 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.331 of 2025, under Sections 103(1), 3(5), 61(2) of B.N.S. at Police Station-Kundarki, District- Moradabad.

3. Contention of learned counsel for the applicant is that the applicant was not named in the FIR, wherein allegation has been made that some unknown persons had killed the deceased by causing head injury. Thereafter on the basis of information from an informer, father of the deceased Babu Ram and three co-accused persons including the applicant were arrested. Thereafter on pointing out of the applicant one mobile of the deceased was recovered and except that mobile phone, there is no other incriminating material against the applicant. It is further submitted that specific allegation of assaulting the deceased with rod has been assigned to co-accused Sajjid and a blood stained iron rod has also been recovered from the pointing out of the Sajjid. No other incriminating material has been recovered from the applicant. It is further submitted that co-accused Tahbbur Mewati, having similar role to that of the applicant, has been released on bail by this Court in Criminal Misc. Bail Application No.12299 of 2026 vide order dated 20.04.2026. Therefore, the applicant is entitled to be released on bail on the ground of parity. It is lastly 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 04.12.2025. 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 as well as guideline of this Court in the case of Maya Tiwari vs State of U.P. reported in 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.

6. Let the applicant- Aslam @ Sultan 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. Verification of mobile number as well as Aadhaar Card of the applicant and sureties should also be conducted by the court concerned.

10. 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.

11. 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.

12. Office is directed to send a copy of this order to the applicant through Moradabad Jail Superintendent 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.

(Arun Kumar Singh Deshwal,J.)

May 6, 2026

A.Kr.