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2025 DAILYLAW 62122 (ALL)

HASMAT ALI v. STATE OF U.P.

BAIL/17874/2025 · 2025-07-06

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:109304 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17874 of 2025 Applicant :- Hasmat Ali Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Srivastava,Syed Mohammad Abbas Husain Counsel for Opposite Party :- G.A.,Satyam Narayan Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Rakesh Kumar Srivastava, learned counsel for the applicant, Sri Satyam Narayan, learned counsel for the informant, Sri Raj Bahadur Verma, 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. 151 of 2025, under Section 109(1), 115(2), 117(2), 333, 352 and 351(3) B.N.S., Police Station- Jani, District- Meerut, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that a bare perusal of the F.I.R. as well as the statement of the victim shows that because of petty dispute over the children, the parties got involved in fight with each other. It is further submitted that the main allegation of causing serious injuries has been assigned to co-accused, Ashraf. Against applicant, only general allegation has been made. It is further submitted that applicant has no criminal antecedents to his credit. The applicant is languishing in jail since 24.04.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Per contra, learned counsel for the informant and learned A.G.A. have vehemently opposed the prayer for bail but could not dispute the aforesaid fact. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused 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. 6. Let the applicant- Hasmat Ali 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. 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 7.7.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad