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2025 DAILYLAW 2941 (ALL)

HASNAVI v. STATE OF U.P.

BAIL/32281/2025 · 2026-05-06

Rajiv Lochan Shukla

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32281 of 2025 Court No. - 72 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard Learned counsel for the applicant, Learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime no.359 of 2024, under Section 109(1) BNS, Police Station Ujhani, District Badaun 3. Learned counsel for the applicant contends that the applicant has been falsely implicated in the present case. He further contends that the first informant and the injured witnesses have both turned hostile and have not supported the prosecution version. The statement of the prosecution witnesses has been filed alongwith bail application and the supplementary affidavit. 4. Learned AGA has opposed the prayer for bail, however, could not dispute the fact that the informant and the injured witness have turned hostile and have not supported the prosecution case. He, however, has pointed out that the applicant has a criminal history of four cases. 5. Rejoining the issue, Learned counsel for the applicant states that the applicant is on bail in all the previous cases. In one of the case, the applicant was granted bail on 08.04.2026, i.e., after the filing of the supplementary affidavit before this Court. 6. I have considered the submissions made by Learned counsels for the Versus Counsel for Applicant(s) : Manvendra Singh, Pushpa Joshi, Saurabh Yadav Counsel for Opposite Party(s) : G.A. Hasnavi .....Applicant(s) State of U.P. .....Opposite Party(s) parties. 7. The applicant is stated to be in jail since 13.08.2024. In the trial, the prosecution witnesses PW1 and PW2, who are the informant and the injured, have been examined and they have turned hostile to the prosecution case. The injured has specifically stated that the applicant, who is the brother-in-law of the injured (Chachera Devar) did not shoot the injured and she had received injuries by some unknown person, whom she was unable to identify. 8. Taking into account the facts and circumstances of the case, the period of detention of the applicant as well as the fact that the injured witnesses have turned hostile to the prosecution case, without expressing any opinion on the merits of the case, I find it appropriate to enlarge the applicant on bail. 9. The bail application is allowed. 10. Let the accused-applicant, Hasnavi, 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: (i) The applicant will not tamper with the evidence. (ii) The applicant will not indulge in any criminal activity. (iii) The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. (iv) The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted by the court concerned. 11. In the event of breach of any of the aforesaid conditions, the court concerned will be at liberty to proceed to cancel his bail. 12. It 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 BAIL No. 32281 of 2025 2 with the undertaking that the certified copy will be filed within 15 days. 13. It 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. 14. The observations made hereinabove are exclusively for deciding the instant bail application and are not to be considered to be an opinion on the merits of the case. May 7, 2026 A. Pandey BAIL No. 32281 of 2025 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad