Allahabad High Court
HASEENversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court granted bail to the applicant, Haseen, subject to prescribed conditions.
Summary
The High Court considered a bail application filed by Haseen under Sections 143(4) and 61(2) of the B.N.S. in Crime No. 35 of 2025. The allegation against Haseen was that he facilitated the transfer of a victim from a Delhi bus‑stand to co‑accused, who later married her, with no claim of physical or sexual assault by Haseen. The State opposed bail, but the court noted that co‑accused Shalini Trivedi, Subhash Tyagi, Gurudatt Tyagi and Vishesh had already been granted bail in related matters. The applicant had no prior criminal record and the facts were similar to those of the co‑accused. Without expressing a view on the merits, the court deemed it appropriate to release Haseen on bail subject to standard conditions, including non‑tampering with evidence and regular appearance in court.
Issues considered
- Whether bail should be granted to the applicant under Sections 143(4) and 61(2) of the B.N.S. given the circumstances of the case.
- Whether the absence of any allegation of sexual assault against the applicant and his clean record justify bail.
- Whether the bail conditions imposed are sufficient to safeguard the trial process.
Legislation cited
- B.N.S. — s. 143(4), 61(2)
Subjects
- bail
- criminal procedure
- Sections 143(4) B.N.S.
- Section 61(2) B.N.S.
- co‑accused bail
- no sexual assault allegation
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 10712 of 2026
Haseen
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ehtesham Afsar Khan
Counsel for Opposite Party(s) : G.A.
Court No. - 72
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State
and perused the record.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 35 of 2025, under Sections 143(4),
61(2) of the B.N.S., Police Station- Bhot, District- Rampur, during the
pendency of the trial.
3. The learned counsel for the applicant states that the allegation against
the applicant is of supposedly taking the victim from a bus-stand in New
Delhi and handing her over to the co-accused, Smt. Shalini Trivedi.
Thereafter, it is stated that the applicant, co-accused Smt. Shalini Trivedi,
Vijay and Subhash Tyagi got her married to Gurudatt Tyagi. There is no
allegation of any physical or sexual assault on the victim by the applicant.
4. The learned A.G.A. has opposed the prayer for bail, however, could not
dispute the fact that the case of the applicant stands on a similar footing to
that of the co-accused, Smt. Shalini Trivedi and Subhash Tyagi, who have
been granted bail by this Court.
5. I have considered the submissions made by the learned counsel for the
parties.
6. The allegations of sexual assault have been made against one Vishesh
by the victim in her statement and Vishesh has been granted bail by this
Court in Bail Application No.1979 of 2026, vide order dated 20.02.2026.
The co-accused, Subhash Tyagi and Gurudatt Tyagi, have also been
granted bail by this Court in Bail Application No.42815 of 2025 and
42212 of 2025, respectively. The co-accused, Smt. Shalini Trivedi has
BAIL No. 10712 of 2026
2
also been granted bail by this Court today in Bail Application No.12351
of 2026. There is no allegation of any sexual assault against the applicant.
The applicant has no criminal antecedents.
7. Without expressing any opinion on the merits of the case, taking into
account the entire facts and circumstances of the case, and the period of
detention of the applicant, I deem it appropriate to grant bail to the
applicant.
8. Let the applicant – Haseen, involved in the aforementioned 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
the following conditions:
i. The applicant will not tamper with the evidence.
ii. The applicant will not indulge in any criminal activity.
iii. The applicant will not pressurize/intimidate the prosecution witnesses
and co-operate in the trial.
iv. The applicant will appear regularly on each and every date fixed by the
trial Court, unless his personal appearance is exempted by the Court
concerned.
9. In the event of breach of any of the aforesaid conditions, the Court
below will be at liberty to proceed to cancel his/her bail.
10. It is made clear that the applicant shall be released on the basis of
computer generated copy of this order, downloaded from the official
website of High Court Allahabad and verified by the concerned counsel
with the undertaking that the certified copy will be filed within 15 days.
11. It is further directed that the trial court shall send the release order to
the concerned jail through Bail Order Management System (BOMS) to
ensure early release of the applicant.
(Rajiv Lochan Shukla,J.)
May 5, 2026
Kushal
Digitally signed by :-
KUSHAL AGRAWAL
High Court of Judicature at Allahabad
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