Applicant not named in FIR, co-accused granted bail on parity, and no criminal antecedents cited in bail grant decision.
The Allahabad High Court has granted bail to Nazim Raza Khan, who was implicated in a criminal case during the investigation phase despite not being named in the original First Information Report (FIR). The decision was handed down by Justice Vivek Varma in response to the Criminal Misc. Bail Application No. 2385 of 2026.
The case pertains to Crime Case No. 1146 of 2025, involving charges under multiple sections of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Criminal Law (Amendment) Act. The incident occurred in Baradari, Bareilly, where two individuals were reported to have sustained simple injuries, yet no concrete evidence linked Khan to the alleged offense.
Counsel for Khan, Irshad Ahmad and Umar Khalid, argued the applicant's false implication, citing that his name only emerged during the investigation, and the role attributed to him was vague and general. They highlighted that Khan, who has no prior criminal record, has been incarcerated since September 29, 2025, and seeks parity with co-accused Mustakeem @ Mohd Mustakeem, who was granted bail in November 2025.
The State's counsel opposed the bail application but failed to convincingly counter the applicant's claims. Upon reviewing the case, the court found no substantive evidence against Khan and acknowledged the extended period of pre-trial detention without an early trial conclusion in sight. Given these circumstances and the absence of any reasonable apprehension of Khan tampering with evidence or intimidating witnesses, the court deemed him eligible for bail.
Khan's release is contingent upon furnishing a personal bond and two sureties to the satisfaction of the concerned court. He is mandated to comply with conditions ensuring his presence at trial, non-interference with prosecution evidence, and refraining from pressuring witnesses. Failure to adhere to these conditions could lead to bail cancellation.
The ruling underscores the principle of granting bail in the absence of compelling evidence, especially when the accused has no previous criminal history.
Bottom Line:
Bail application - Applicant not named in the FIR, implicated during investigation - Vague and general role assigned - No substantive evidence linking the applicant with the offence - Co-accused granted bail on parity - Applicant with no criminal antecedents, confined for over four months, entitled to bail.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023, Criminal Law (Amendment) Act, Section 439 of the Criminal Procedure Code, 1973
Nazim Raza Khan v. State of U.P., (Allahabad) : Law Finder Doc Id # 2849442
