Allahabad High Court
Gulbasar Alias Chishti vs State Of U.P. on 29 April, 2026
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2026:AHC:97381
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 35431 of 2025
Gulbasar Alias Chishti
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s)
:
Tarun Jha
Counsel for Opposite Party(s)
:
G.A., Sushil Kumar
Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Tarun Jha, learned counsel for the applicant, Sri Sushil Kumar, learned counsel for the first informant and Sri Anurag Pandey, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 84 of 2025, under Sections- 103(1), 238 of BNS and 4/25 of Arms Act, Police Station-Gohan, District-Jalaun, during the pendency of the trial.
3. Contention of learned counsel for the applicant is that FIR was lodged by the daughter of the deceased, wherein the allegation has been made with the co-accused Ramkesh Kushwaha and Vishwas had taken away her father and thereafter these accused persons alongwith present applicant had murdered the deceased with the knife.
4. Learned counsel for the applicant further submitted that two eye-witnesses Ramakant and Devidayal have stated that they had seen the applicant and co-accused persons alongwith deceased in the evening on 22.06.2025 while they were consuming alcohol. Merely on the basis of last seen evidence applicant has been falsely implicated. Though, there is no recovery of any weapon on pointing of applicant. It is further submitted that post-mortem report of the deceased itself shows that he received one stab wound and blood strained knife was recovered on the pointing of the co-accused Ramkesh Kushwaha. It is further submitted that during the trial the first informant clearly denied of receiving any information from Ramakant and Devidayal regarding the involvement of the present applicant. It is further submitted that even the first informant did not support the prosecution story so far as the allegation against the present applicant is concerned. 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 03.12.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.
5. Per contra, learned counsel for the first informant and learned A.G.A. have vehemently opposed the prayer for bail but could not dispute the aforesaid facts.
6. 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 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. 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.
7. Let the applicant-Gulbasar Alias Chishti, 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.
8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
10. Verification of mobile number and Aadhaar card of the applicant as well as sureties should be verified by the court concerned.
11. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded 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.
12. 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.
13. Office is directed to send a copy of this order to the applicant through Jail Superintendent, Jalaun 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.) April 29, 2026 Imtiyaz