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2026 DAILYLAW 4774 (ALL)

HASHMAT HUSAIN v. STATE OF U.P.

BAIL/31651/2026 · 2026-09-08

Jai Prakash Tiwari

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31651 of 2026 Court No. - 70 HON'BLE JAI PRAKASH TIWARI, J. Heard learned counsel for the applicant and learned AGA for the State- respondent and perused the record of the case. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 305 of 2026, under Sections 308(2), 336(3), 338 BNS, Police Station- Civil Lines, District- Aligarh, during pendency of the trial in the court concerned. Learned counsel for the applicant submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. The present applicant is not named in the FIR. It is next submitted that applicant is a poor person working at Tibbia College on contractual basis and is having no concern with the allegations levelled against him and he has not committed any offence as alleged by prosecution. Neither applicant is having any concern with named accused Sunil or gangster Lawrence Bishnoi nor he has prepared the alleged letter. Nothing incriminating has been recovered from his possession. On the basis of extra judicial confession, applicant has been implicated in six cases including present one and the same has been explained in paragraph no. 12 of the instant bail application and out of these cases, in four cases, he has been granted bail by this Court. He next submitted that except the aforesaid cases, the applicant is not having any other criminal history and is languishing in jail since 8.6.2026. It is also submitted that the applicant undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. The prayer for bail has been vehemently opposed by learned A.G.A. Considering the facts and circumstances of the case, perusing the record, evidence and also considering the nature of allegations, arguments advanced by the learned counsel for the parties, this Court is of the view Versus Counsel for Applicant(s) : Keshari Nath Tripathi, Saquib Mukhtar Counsel for Opposite Party(s) : G.A. Hashmat Husain .....Applicant(s) State of U.P. .....Opposite Party(s) that the applicant is entitled to be enlarged on bail during the pendency of the trial. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. Let applicant, Hashmat Husain be released on bail in the aforesaid case on his executing a personal bond and furnishing two 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 during the trial. (ii). The applicant will not pressurize/ intimidate the prosecution witness. (iii). The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. (iv). The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (v). 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. It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted. In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. September 9, 2026 KK Patel BAIL No. 31651 of 2026 2 (Jai Prakash Tiwari,J.) Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad