Allahabad High Court
HAJI MOHAMMAD HASNAINversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
Bail was granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The High Court of Allahabad considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Haji Mohammad Hasnain, who was in custody for offences alleged under Sections 318(4), 336(3), 338, 340(2), 3(5) and 61(2) of the Bharatiya Nyaya Sanhita, 2023. The applicant claimed innocence, alleging that a co‑accused named him in a confessional statement out of personal enmity and that no direct role was ascribed to him in the FIR. The State opposed bail, citing the seriousness of the charges and the risk of evidence tampering. After weighing the nature of the accusations, the severity of potential punishment, and the possibility of witness intimidation, the Court found a case for bail despite not commenting on the merits of the prosecution. Consequently, the Court ordered the release of the applicant on personal bond and sureties, subject to conditions prohibiting tampering with evidence, criminal activity, intimidation of witnesses, and mandating regular court appearances.
Issues considered
- Whether bail can be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case involving serious offences under the Bharatiya Nyaya Sanhita, 2023.
- Whether there is a reasonable apprehension of the accused tampering with evidence or intimidating witnesses that would preclude bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 336(3), 338, 340(2), 3(5), 61(2)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- witness tampering
- presumption of innocence
- serious offences
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14028 of 2026
Haji Mohammad Hasnain
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Prateek Srivastava
Counsel for Opposite Party(s) : G.A.
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.
BAIL No. 14028 of 2026
2
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.
(Ashutosh Srivastava,J.)
May 5, 2026
Vibha Singh
Digitally signed by :-
VIBHA SINGH
High Court of Judicature at Allahabad
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