Allahabad High Court Grants Bail to Accused Due to Identification Lapses

Court emphasizes need for Test Identification Parades to strengthen kidnapping investigations

In a significant decision, the Allahabad High Court has granted bail to Ashok Kumar, also known as Guddu, in a case involving allegations of kidnapping a minor. The decision was delivered by Justice Arun Kumar Singh Deshwal on December 9, 2025, in response to Criminal Misc. Bail Application No. 43308 of 2025. The court highlighted the crucial absence of a Test Identification Parade, which played a pivotal role in the granting of bail.

The case originated when the father of a 12-year-old boy lodged a First Information Report (FIR), claiming that his son had been abducted by two unidentified individuals on July 6, 2025. The victim was later found in the custody of the accused's wife. Despite the recovery, the victim did not identify Ashok Kumar as one of the kidnappers, largely due to the absence of a Test Identification Parade.

The defense, represented by counsels Atul Kumar and Veer Singh, argued that the accused was wrongfully implicated based solely on the victim's recovery from his wife's custody. They pointed out that Ashok Kumar had no prior criminal history and had been in custody since July 9, 2024. They further contended that the police had already filed a charge sheet, eliminating the need for further custodial interrogation.

The prosecution, however, opposed the bail application, emphasizing the procedural lapse of not conducting an identification parade, which they argued should disqualify the accused from bail.

Justice Deshwal, while granting bail, noted the absence of concrete identification evidence against Ashok Kumar. The court underscored that the victim's failure to identify the accused, combined with the procedural oversight of not holding a Test Identification Parade, weakened the prosecution's case significantly. The court also took into account the accused's clean record and his willingness to cooperate with the trial process.

In his judgment, Justice Deshwal mandated that Ashok Kumar be released on furnishing a personal bond and two sureties, subject to conditions designed to ensure his cooperation with the trial and to prevent any interference with the investigation.

The judgment also prompted the court to issue a directive to the Director General of Police, Uttar Pradesh, urging all district police chiefs to ensure that Test Identification Parades are conducted in cases involving kidnappings by unknown persons. This directive aims to strengthen the evidentiary foundation in such cases and prevent similar procedural lapses in the future.

This decision highlights the critical importance of procedural diligence in criminal investigations, particularly in cases involving serious charges such as kidnapping.

Bottom Line:

Bail granted to the accused where no Test Identification Parade was conducted to identify the accused as the kidnapper, leading to insufficient evidence directly implicating the accused.

Statutory provision(s): Sections 140(1), 142, 61(2)A of Bharatiya Nyaya Sanhita (BNS)

Ashok Kumar @ Guddu v. State of U.P., (Allahabad) : Law Finder Doc Id # 2820826