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2026 DAILYLAW 5864 (ALL)

HASAN ASIF v. STATE OF U.P.

BAIL/31403/2026 · 2026-09-07

Jai Prakash Tiwari

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31403 of 2026 Court No. - 70 HON'BLE JAI PRAKASH TIWARI, J. 1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 67 of 2026, under Sections, 318(4), 336(3), 338, 340(2), 61(2), 112 BNS, Police Station-Beconganj, District- Kanpur Nagar. 3. 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. It is next submitted that applicant is having no concern with the allegations levelled against him and he has not committed any offence as alleged by prosecution. Nothing has been recovered from the possession of the applicant, the forged mark-sheet was recovered from the house of co-accused Jiyaul Hasan. After arrest in the present case, the applicant has been implicated in another case crime number being Case Crime No.41 of 2026, in which he has been granted bail by this Court vide order dated 25.08.2026. The applicant is in jail since 09.06.2026. Learned counsel for the applicant has further submitted that if the applicant is released on bail, the applicant would not misuse liberty of bail and is ready to co-operate in the trial. 4. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. Versus Counsel for Applicant(s) : Ravi Sahu Counsel for Opposite Party(s) : G.A. Hasan Asif .....Applicant(s) State of U.P. .....Opposite Party(s) 5. Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed. 6. Let the applicant - Hasan Asif involved in the aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to 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. 7. In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail. September 8, 2026 S.K. BAIL No. 31403 of 2026 2 (Jai Prakash Tiwari,J.) Digitally signed by :- SWEETY KANOJIA High Court of Judicature at Allahabad