Allahabad High Court
HASHMAT HUSAINversusSTATE 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, custody period, and parity with the co‑accused.
Summary
The applicant, Hashmat Husain, was arrested in connection with a case under IPC sections 308(2), 336(3) and 338 and has been in custody since 08‑06‑2026. He contended that he was falsely implicated, was not named in the FIR, and that his involvement was discovered only during investigation. The applicant relied on the fact that a co‑accused in the same case had already been granted bail, arguing parity. The State opposed bail but did not refute the applicant’s factual submissions. After considering the nature of the allegations, the period of custody, and the principle of parity, the court allowed the bail application, imposing standard conditions and the possibility of cancellation on breach.
Issues considered
- Whether the applicant is entitled to bail despite being implicated after the FIR was filed
- Whether parity with a co‑accused who was granted bail warrants granting bail to the applicant
- Whether the nature of the offences and the period of custody justify bail
Legislation cited
- Indian Penal Code — s. 308(2), 336(3), 338
Subjects
- bail
- criminal procedure
- IPC sections 308, 336, 338
- parity
- false implication
- evidence tampering
- intimidation of witness
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31473 of 2026
Hashmat Husain
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Keshari Nath Tripathi, Saquib Mukhtar
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 applicant is involved in Case Crime No. 306 of 2026 under
Sections - 308(2), 336(3), 338 BNS Police Station Civil Lines District -
Aligarh.
3. Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in the present case. It is next submitted
that the applicant is not named in the FIR and his name came into the light
during the course of investigation. 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. It is next submitted that
the co-accused Hashmat Husain has already been granted bail by this
Court vide order dated 11.08.2026 passed in Criminal Misc. Bail
Application No. 27987 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 08.06.2026. 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.
5. Considering the submission of learned counsel for the parties, facts of
BAIL No. 31473 of 2026
2
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 - Hashmat Husain 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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