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2026 DAILYLAW 9360 (ALL)

HASNAVI v. STATE OF U.P.

BAIL/33570/2026 · 2026-09-20

Krishan Pahal

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33570 of 2026 Court No. - 68 (Sl. No. 52 out of 131) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Mahendra Singh, learned counsel for the applicant, Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 05 of 2025, under Sections 109 BNS and 3/25(1-B)(a), 27 Arms Act, Police Station Kunwar Gaon, District Budaun, during the pendency of trial. 4. The criminal history assigned to the applicant has been explained. 5. This Court is of the view that if a case for bail is otherwise made out, an accused cannot be kept incarcerated solely on account of his criminal antecedents. In the instant case, the criminal history assigned to the applicant has been properly explained. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that it is a police party firing no injury case and rather the applicant sustained gunshot injuries in the cross firing done by the police and without expressing any opinion on the merits of the case, prima facie, the Court is of the view that the applicant has made out a case for bail. Accordingly, the bail application is allowed. Versus Counsel for Applicant(s) : Mahendra Singh Counsel for Opposite Party(s) : G.A. Hasnavi .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Let the applicant- Hasnavi, 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 verification of sureties, with the condition that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 8. Breach of any of the above condition shall entail cancellation of bail. The observation herein shall not affect the trial on merits. September 21, 2026 Shalini BAIL No. 33570 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad