Allahabad High Court
HUSAINversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The Court granted bail to the applicant, finding the case prima facie fit for release on bond and sureties.
Summary
Husain applied for bail in a criminal case (Crime No. 358 of 2026) involving alleged offences under Sections 318(4), 336(3), 338, 340(2) of the BNS Act and Sections 66C & 66D of the Information Technology Act. The applicant claimed false implication, noting that the FIR lacked any named victim and that the police had linked the case to a historical incident from 2024 without any evidentiary nexus. He also alleged that the recovery of two Aadhaar cards was fabricated. Having been in custody since 20 July 2026, the applicant argued that there was no substantive evidence to justify continued detention. The Court, after considering the nature of the offences, the absence of a victim, and the lack of linking evidence, found the case fit for bail and ordered his release on personal bond and two sureties, subject to standard conditions. The bail order does not prejudice the trial on merits.
Issues considered
- Whether the applicant is entitled to bail despite the seriousness of the alleged offences under the BNS Act and the IT Act.
- Whether the absence of a named victim and lack of evidentiary link to the 2024 incident justify granting bail.
- Whether the alleged recovery of Aadhaar cards constitutes sufficient ground to deny bail.
Legislation cited
- BNS Act — s. 318(4), 336(3), 338, 340(2)
- Information Technology Act — s. 66C, 66D
Subjects
- bail
- false implication
- Aadhaar
- Information Technology Act
- criminal procedure
- no victim in FIR
- sureties
- personal bond
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 30565 of 2026
Husain
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rohit Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 84 out of 208)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Rohit Shukla, learned counsel for the applicant and Sri V.K.S.
Parmar, learned A.G.A. for the State and also perused the material placed on
record.
3. Applicant seeks bail in Case Crime No. 358 of 2026, under Sections
318(4), 336(3), 338, 340(2) of BNS and Sections 66C & 66D of I.T. Act,
Police Station - Goverdhan, District - Mathura, during the pendency of
trial.
4. Learned counsel for the applicant contends that the applicant has been
falsely implicated in the matter. It is submitted that the FIR does not contain
any mention of a victim however, the investigation agency has subsequently
tied a historical matter pertaining to the year 2024 to the instant case.
Counsel argues that there is absolutely no evidence on record to establish a
nexus between the applicant and the said past offence, rendering the
allegations per se false. It is further contended that a recovery of two
Aadhaar cards was falsely foisted upon him by the police. The criminal
history consisting of a single case assigned to the applicant stands
satisfactorily explained, and the applicant has been languishing in custody
since 20.07.2026.
5. Considering the overall facts and circumstances of the case, the
submissions advanced by the learned counsel for the parties, the nature of
the offence, the severity of the punishment, and particularly the absence of
BAIL No. 30565 of 2026
2
an initial named victim in the FIR, the lack of linking evidence to the 2024
matter, and the nature of the alleged recovery, this Court prima facie finds it
a fit case to release the applicant on bail.
6. Accordingly, the bail application is allowed. Let the applicant- Husain,
be released on bail on furnishing a personal bond and two sureties to the
satisfaction of the court concerned, subject to verification of sureties, with
the conditions that he shall not tamper with evidence or intimidate witnesses
and shall appear before the trial court as required.
7. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
September 23, 2026
Siddhant
(Krishan Pahal,J.)
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
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