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2026 DAILYLAW 11207 (ALL)

ALEY HASAN v. STATE OF U.P.

BAIL/34583/2026 · 2026-09-28

Vivek Varma

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34583 of 2026 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant and Sri Anupam Anand, learned Brief Holder for the State-opposite party. Perused the material available on record. 2. The present bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 209 of 2026, under Sections 109 B.N.S., 3/5A/8 of Cow Slaughter Act and 3/4/25/27 of Arms Act, Police Station- Amanpur, District- Kasganj, during the pendency of trial. 3. Counsel for the applicant contends that the applicant has been falsely implicated in the present case. It is a case of firing on the police party. No police personnel has received any injury. In fact, the co-accused has received injury on his right leg. False recovery of a country made pistol, a live cartridge and an empty cartridge has been shown from the applicant. Recovery of cow meet has also been shown from an open place which does not belong to the applicant. The alleged recovery is also false and planted. There is no independent witness to the alleged recovery. There is no F.S.L. report to establish that the substance seized is prohibited cow meat. It is next contended that identically placed co-accused Javed has been granted bail by this Court vide order dated 25.9.2026 passed in Criminal Misc. Bail Application No.34262 of 2026. Applicant claims parity. Criminal history of the applicant has been explained in paragraph-9 of the bail application. The applicant is in jail since 02.8.2026 and in case he is enlarged on bail, he will not misuse the said liberty. 4. Learned AGA has opposed the prayer for bail but could not satisfactorily Versus Counsel for Applicant(s) : Anees Baig Counsel for Opposite Party(s) : G.A. Aley Hasan .....Applicant(s) State of U.P. .....Opposite Party(s) dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record, this Court prima facie finds that no police personnel has received any injury. In fact, the co-accused Javed has received injury on his right leg. There is no independent witness to the alleged recovery. At this stage there is no corroborative evidence to link the applicant with the offence. Identically placed co-accused Javed has been granted bail by this Court. Moreover, the applicant has remained confined for almost two months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting 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 Aley Hasan, involved in the aforesaid case 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 the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. September 29, 2026 Manish Kr BAIL No. 34583 of 2026 2 (Vivek Varma,J.) Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad