Allahabad High Court
HANEEFversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The court held that the applicant is entitled to bail as the case is fit for bail considering the nature of the allegations, period of custody, and parity with co‑accused.
Summary
The High Court considered a bail application filed by Haneef, who is accused in a criminal case under IPC sections 318(4), 338, 336(3) and 340(2). The applicant claimed innocence, alleged false recovery, and pointed to the fact that co‑accused Javed and Abid had already been granted bail, seeking parity. The State opposed bail but did not refute the applicant’s submissions. After weighing the nature of the allegations, the period of custody, and the similarity of the applicant’s case to that of the co‑accused, the Court, without expressing an opinion on the merits, found the case fit for bail. Consequently, the Court ordered the applicant’s release on bail subject to standard conditions, reserving the right to cancel bail on breach.
Issues considered
- Whether the applicant is entitled to bail despite being charged with serious offences under IPC sections 318(4), 338, 336(3) and 340(2)
- Whether the grant of bail to co‑accused on similar charges creates a parity ground for granting bail to the applicant
Legislation cited
- Indian Penal Code — s. 318(4), 336(3), 338, 340(2)
Subjects
- bail
- Indian Penal Code
- criminal procedure
- parity
- false implication
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29753 of 2026
Haneef
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Sanjay Kumar Dwivedi
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
1. Supplementary affidavit has been filed today in the Court by learned
counsel for the applicant. The same is taken on record.
2. Heard learned counsel for the applicant, learned A.G.A for the State
and perused the record.
3. The applicant is involved in Case Crime No. 248 of 2026 under
Sections -318(4), 338, 336(3), 340(2) BNS Police Station - Barsana
District - Mathura.
4. Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in the present case. It is further submitted
that a false recovery has been shown from the possession of the applicant.
There is no independent public witness of the alleged recovery. It is also
submitted that applicant is having no concern with the allegations levelled
against him and he has not committed any offence as alleged by
prosecution. There is criminal history of four cases, which has been
explained the affidavit as well as in supplementary affidavit. It is next
submitted that the co-accused Javed and Abid has already been granted
bail by this Court vide order dated 11.08.2026 passed in Criminal Misc.
Bail Application No. 27897 of 2026. The applicant's case is identical to
the co-accused and he is also entitled to bail on the ground of parity. The
applicant is in jail since 08.07.2026. 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.
BAIL No. 29753 of 2026
2
5. Learned A.G.A. opposed the prayer for bail but could not dispute the
aforesaid fact as argued by learned counsel for the applicant.
6. 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.
7. Let the applicant - Haneef 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.
8. In case of breach of any of the above conditions, the court below shall
be at liberty to cancel the bail.
(Jai Prakash Tiwari,J.)
September 8, 2026
S.K.
Digitally signed by :-
SWEETY KANOJIA
High Court of Judicature at Allahabad
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