HASAN MOHD. DANISH ALIAS LAUSA @ LAULA v. STATE OF U.P.
BAIL/6185/2025 · 2025-04-30
Ashutosh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21640 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21640 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:69324 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6185 of 2025 Applicant :- Hasan Mohd. Danish Alias Lausa @ Laula Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Belal Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed in the Court today is taken on record. Heard Shri Mohammad Belal, learned counsel for the applicant, Sri Anil Kumar Singh, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Hasan Mohd. Danish Alias Lausa @ Laula, seeking enlargement on bail in Case Crime No. 86 of 2024, under Sections 331(4), 305, 317(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 4/5 of Explosive Substances Act, Police Station- Khuldabad, District- Prayagarj.
Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 29.09.2024.
Learned counsel for the applicant submits that similarly placed co- accused, namely, Mo Amzad Alias Mo Sarik, has already been enlarged on bail by this Court by order dated 13.02.2025, passed in Criminal Misc. Bail Application No. 45956 of 2024, copy of the bail order produced by learned counsel for the applicant is taken on record. Learned counsel for the applicant further submits that the Investigating Officer has already submitted chargesheet in the matter and no useful propose would be served by detaining the applicant. He has criminal antecedent of two cases and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail.
Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Hasan Mohd. Danish Alias Lausa @ Laula, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 1.5.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad