Allahabad High Court

HASHMAT HUSAINversusSTATE OF U.P.

Decided: 8 September 2026
Bench: JAI PRAKASH TIWARI

Holding

The applicant is entitled to be released on bail during the pendency of the trial.

Summary

The High Court considered a bail application filed by Hashmat Husain, who was implicated in a criminal case (Crime No. 305 of 2026) under IPC sections 308(2), 336(3) and 338. The applicant claimed absolute innocence, asserted that he was not named in the FIR, and highlighted his poor economic status and lack of prior criminal record except for four other cases where bail had already been granted. The State opposed the bail, but the Court, after reviewing the record and the applicant’s assurances, found no reason to deny liberty. It held that the applicant is entitled to bail during the pendency of the trial, subject to a personal bond, two sureties and strict conditions to prevent evidence tampering or witness intimidation. The order expressly limited its observations to the bail application and clarified that they do not affect the merits of the trial.

Issues considered

Whether the applicant is entitled to bail pending trial under Sections 308(2), 336(3) and 338 of the Indian Penal Code.
Whether the applicant poses a risk of tampering with evidence or influencing prosecution witnesses.
Whether the applicant's prior criminal history justifies denial of bail.

Legislation cited

Indian Penal Code — s. 308, 336, 338

Subjects

bail
criminal procedure
IPC sections 308
IPC section 336
IPC section 338
sureties
conditions of bail
presumption of innocence

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31651 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.

Heard learned counsel for the applicant and learned AGA for the State-
respondent and perused the record of the case.

The instant application has been filed seeking release of the applicant on
bail in Case Crime No. 305 of 2026, under Sections 308(2), 336(3), 338
BNS, Police Station- Civil Lines, District- Aligarh, during pendency of
the trial in the court concerned.

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. The present applicant is not named in the
FIR. It is next submitted that applicant is a poor person working at Tibbia
College on contractual basis and is having no concern with the allegations
levelled against him and he has not committed any offence as alleged by
prosecution. Neither applicant is having any concern with named accused
Sunil or gangster Lawrence Bishnoi nor he has prepared the alleged letter.
Nothing incriminating has been recovered from his possession. On the
basis of extra judicial confession, applicant has been implicated in six
cases including present one and the same has been explained in paragraph
no. 12 of the instant bail application and out of these cases, in four cases,
he has been granted bail by this Court. He next submitted that except the
aforesaid cases, the applicant is not having any other criminal history and
is languishing in jail since 8.6.2026. It is also submitted that the applicant
undertakes that he will not misuse the liberty, if granted. It has also been
pointed out that in the wake of heavy pendency of cases in the Court,
there is no likelihood of any early conclusion of trial.

The prayer for bail has been vehemently opposed by learned A.G.A.

Considering the facts and circumstances of the case, perusing the record,
evidence and also considering the nature of allegations, arguments
advanced by the learned counsel for the parties, this Court is of the view
BAIL No. 31651 of 2026
2

that the applicant is entitled to be enlarged on bail during the pendency of
the trial.

Accordingly, without expressing any opinion on the merits of the case,
the instant bail application is allowed.

Let applicant, Hashmat Husain be released on bail in the aforesaid case
on his executing a personal bond and furnishing two sureties each in the
like amount to the satisfaction of the court concerned subject to the
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.

It is further directed that the identity, status and residence proof of the
sureties be verified by the authorities concerned before they are accepted.

In case of breach of any of the above conditions, the trial court will be at
liberty to cancel the bail.

It is clarified that the observations made herein are limited to the facts
brought in by the parties pertaining to the disposal of bail application and
the said observations shall have no bearing on the merits of the case
during trial.

(Jai Prakash Tiwari,J.)
September 9, 2026
KK Patel

Digitally signed by :-
KRISHN KANT PATEL
High Court of Judicature at Allahabad

Continue reading with your account

Checking your session…