Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 80850 (ALL)

HASNAIN v. STATE OF U.P.

BAIL/26415/2025 · 2025-07-31

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:129657 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26415 of 2025 Applicant :- Hasnain Opposite Party :- State of U.P. Counsel for Applicant :- Mukesh Joshi Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Manish Joshi, holding brief of Sri Mukesh Joshi, learned counsel for the applicant and Sri Varun Pratap Singh, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 197 of 2025, under Sections 2/3 of U.P. Gangsters and Anti social Activities (Prevention) Act, Police Station Bhojpur, District Moradabad, during the pendency of trial. 4. It is argued by the learned counsel for the applicant that the prosecution under the Gangsters Act have been launched against the applicant on the basis of one criminal case shown in the gang chart in which he has already been enlarged on bail by the court concerned. The details of criminal case have been mentioned in paragraph no. 12 to the affidavit accompanying the bail application. He has been falsely implicated in the present case due to police rivalry. He is not the member of any gang. Learned counsel has further stated that there is a criminal history of three cases against the applicant, which has been explained in paragraph no. 5 of the supplementary affidavit filed on 20.07.2025. 5. There is no criminal history of the applicant. The applicant is languishing in jail since 13.06.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and without expressing any opinion on the merit of the case, I find it a fit case to release the applicant on bail. The bail application is allowed. 8. Let the applicant- Hasnain, who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant shall not tamper with the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 1.8.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad