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2026 DAILYLAW 3177 (ALL)

HAJI MOHAMMAD HASNAIN v. STATE OF U.P.

BAIL/14028/2026 · 2026-05-04

Ashutosh Srivastava

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 14028 of 2026 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Prateek Srivastava, learned counsel for the applicant, Shri Rajesh 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, Haji Mohammad Hasnain, seeking enlargement on bail in Case Crime No. 57 of 2026, under Sections 318(4), 336(3), 338, 340(2), 3(5), 61(2), of the Bharatiya Nyaya Sanhita, 2023, Police Station Budhana, District Muzaffarnagar during the pendency of the trial before the Court below. The learned counsel for the applicant submits that the accused-applicant is innocent and has been falsely implicated in the present case crime number. It is further contended that the co-accused, Meharban Ali, has named the applicant in his confessional statement due to personal enmity, as proceedings under the Negotiable Instruments Act are pending between them. It is argued that no specific or direct role has been attributed to the applicant in the First Information Report. The applicant has no criminal antecedents and is a law-abiding citizen. He is in jail since 24.02.2026 and there is no likelihood of the applicant absconding or fleeing from the course of justice, nor is there any possibility of tampering with prosecution evidence if he is released on bail. Versus Counsel for Applicant(s) : Prateek Srivastava Counsel for Opposite Party(s) : G.A. Haji Mohammad Hasnain .....Applicant(s) State of U.P. .....Opposite Party(s) 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, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Haji Mohammad Hasnain, 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. May 5, 2026 Vibha Singh BAIL No. 14028 of 2026 2 (Ashutosh Srivastava,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad