Talib v. State of U.P

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35162 of 2026 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J.

¶1Heard Sri Mohd Yasir, learned counsel for the applicant, Sri Quasim Khan, learned counsel for the first informant, Sri Bhupendra Pal Singh, learned A.G.A. for the State and perused the record.

¶2The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 209 of 2026, under Section 64(1) B.N.S Police Station-Nagina, District Bijnor, during the pendency of his trial.

¶3Contention of learned counsel for the applicant is that as per the prosecution story, the victim married the applicant four years back and during that period, the applicant prepared obscene videos by clicking her photographs of intimate moments; subsequently, the applicant blackmailed the victim. Thereafter, the applicant divorced the victim. It is further submitted that from the perusal of the statement of the victim recorded under Section 180 BNSS as well as the statement of the independent witness, it is clear that after getting divorce from the applicant, she started living with another person. Now, the victim returned back and is living with the applicant as his wife and a compromise was also entered between them. The police has not recovered any obscene video during the investigation, as mentioned in the statement of the victim recorded under Section 183 BNSS. It is further submitted that now the applicant and the victim have settled their dispute and both of them are living together. Therefore, the applicant is entitled to be released on bail. Versus Counsel for Applicant(s) : Mohd Yasir, Shams Uz Zaman Counsel for Opposite Party(s) : G.A., Quasim Khan Talib .....Applicant(s) State of U.P. .....Opposite Party(s)

¶4It is further submitted that the applicant has no criminal history. It is further submitted that the 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 25.07.2026. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

¶5Learned counsel for the first informant did not oppose the prayer for bail and admitted the fact that the applicant and the victim are residing together as husband and wife. However, learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts.

¶6Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and statements of the victim recorded under Sections 180 and 183 BNSS as well as the statement of the independent witness, 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 judgment 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 the guidelines 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.

¶7Let the applicant-Talib, 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. BAIL No. 35162 of 2026 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.

¶8In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶9Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

¶10Verification of mobile number and Aadhaar card of the applicant as well as sureties should be verified by the court concerned.

¶11It 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.

¶12It 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.

¶13Office is directed to send a copy of this order to the applicant through Jail Superintendent, Bijnor via e-mail or on e-prison portal and Trial Court via e-mode 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 as well as Pila Pahan@Peela Pahan and others Vs. State of Jharkhand and another, in Writ Petition (Criminal) No. 169 of 2025, decided on 29.05.2026.

¶14Application, if any, stands disposed of. October 8, 2026 SA BAIL No. 35162 of 2026 (Arun Kumar Singh Deshwal,J.) High Court of Judicature at Allahabad