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2025 DAILYLAW 132603 (ALL)

HASIM @ TUIYA v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO.

BAIL/2944/2025 · 2025-04-08

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19644 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2944 of 2025 Applicant :- Hasim @ Tuiya Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. Counsel for Applicant :- Ajeet Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ajeet Kumar Singh, learned counsel for the applicant, Sri Diwakar Singh, learned Additional Government Advocate for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 147 of 2024, under Sections 64(1), 351(2), 333 BN.S., registered at Police Station Sawayajpur, District Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 30.09.2024 stating that the applicant had come to the informant's house on 15.09.2024 and made physical relations with her without her consent. The applicant again visited the informant's house on 29.09.2024 and he wanted to make physical relations but the informant's son reached there and the applicant ran away. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. A supplementary affidavit has been filed on behalf of the applicant disclosing the applicant's involvement in 28 cases. In one of the cases the applicant stands acquitted, in three cases he is not involved and in rest of cases he has already been granted bail. The statement of the informant has been recorded by the trial court, which has also been annexed with the supplementary affidavit and she has been declared to be hostile. 5. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is languishing in jail since 30.09.2024 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 7. Accordingly, this bail application stands allowed. 8. Let the applicant-Hasim @ Tuiya be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 8.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench