Allahabad High Court
HASAN ASIFversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The bail application is allowed.
Summary
The High Court of Allahabad considered a bail application filed by Hasan Asif, who was in custody since 9 June 2026 for offences alleged under Sections 318(4), 336(3), 338, 340(2), 61(2) and 112 of the Indian Penal Code. The applicant claimed absolute innocence, asserting that the forged mark‑sheet was recovered from a co‑accused and that he had no involvement in the alleged crimes. The State opposed bail but did not refute the applicant’s factual submissions. After weighing the nature of the allegations, the period of custody, and the gravity of the offences, the Court, without expressing an opinion on the merits, found the case fit for bail. Consequently, the Court ordered the release of the applicant on personal bond and two sureties, subject to standard bail conditions. The Court retained the power to cancel bail if any condition is breached.
Issues considered
- Whether bail should be granted to the accused in a case involving offences under Sections 318, 336, 338, 340, 61 and 112 of the IPC
- Whether the applicant's claim of innocence and the circumstances of his custody justify bail
Legislation cited
- Indian Penal Code — s. 112, 318(4), 336(3), 338, 340(2), 61(2)
Subjects
- bail
- criminal procedure
- Indian Penal Code
- presumption of innocence
- sureties
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31403 of 2026
Hasan Asif
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ravi Sahu
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
1. Heard learned counsel for the applicant, learned A.G.A for the State
and perused the record.
2. The instant application has been filed seeking release of the applicant
on bail in Case Crime No. 67 of 2026, under Sections, 318(4), 336(3),
338, 340(2), 61(2), 112 BNS, Police Station-Beconganj, District- Kanpur
Nagar.
3. Learned counsel for the applicant submitted that the applicant is
absolutely innocent and has been falsely implicated in the present case
due to some ulterior motive. It is next submitted that applicant is having
no concern with the allegations levelled against him and he has not
committed any offence as alleged by prosecution. Nothing has been
recovered from the possession of the applicant, the forged mark-sheet was
recovered from the house of co-accused Jiyaul Hasan. After arrest in the
present case, the applicant has been implicated in another case crime
number being Case Crime No.41 of 2026, in which he has been granted
bail by this Court vide order dated 25.08.2026. The applicant is in jail
since 09.06.2026. 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.
4. Learned A.G.A. opposed the prayer for bail but could not dispute the
aforesaid fact as argued by learned counsel for the applicant.
BAIL No. 31403 of 2026
2
5. 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.
6. Let the applicant - Hasan Asif 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.
7. 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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