Allahabad High Court
HITLARversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The bail application is allowed and the applicant is released on bail subject to conditions.
Summary
The High Court considered the bail application of Hitlar, who is implicated in Crime No. 148 of 2026 under several IPC sections (191(2), 191(3), 190, 109(1), 131, 126(2), 352, 61(2)). The applicant claims he is innocent, was not named in the FIR, and was only mentioned in a co‑accused's confessional statement; his co‑accused have already been granted bail. Although the Assistant Public Prosecutor opposed bail, he did not dispute the applicant’s contentions. After reviewing the record and the nature of the allegations, the Court found the case suitable for bail without commenting on the merits, and ordered the applicant’s release on personal bond and two sureties with standard conditions. The Court also warned that breach of conditions could lead to cancellation of bail.
Issues considered
- Whether bail should be granted to the accused despite the serious IPC charges against him
- Whether the applicant’s alleged lack of involvement and the fact that he was not named in the FIR justify bail
- Whether the applicant’s prior criminal history precludes the grant of bail
Legislation cited
- Indian Penal Code — s. 109, 126, 131, 190, 191, 352, 61
Subjects
- bail
- Indian Penal Code
- criminal procedure
- false implication
- co‑accused
- sureties
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31771 of 2026
Hitlar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ifra Fatima
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. and perused
the record.
2. The applicant is involved in Case Crime No. 148 of 2026 under
Sections -191(2), 191(3), 190, 109(1), 131, 126(2), 352, 61(2) BNS Police
Station -Budhana District -Muzaffar Nagar.
3. Learned counsel for the applicant has submitted 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 in the confessional statement of the co-accused. It is further
submitted that the similarly situated co-accused, namely, Usman and
Suhail @ Sikandar have been granted bail by a Co-ordinate Bench of this
Court vide orders dated 26.5.2026 and 15.6.2026 passed in Criminal
Misc. Bail Application Nos. 18048 of 2026 and 19740 of 2026
respectively. 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. The applicant has criminal history of two cases,
which has been explained in paragraph no.20 of the affidavit filed in
support of the bail application. The applicant is in jail since 23.05.2026.
Therefore, the applicant is entitled for bail. 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. 31771 of 2026
2
4. Learned A.G.A. has opposed the prayer for bail but he has not disputed
the above contention made by the learned counsel for the accused-
applicant.
5. Considering the facts and circumstances of the case, perusing the
record and also considering the nature of allegations, arguments advanced
by the learned counsel for the parties and without expressing any opinion
on the merit of the case, I find it to be a fit case for granting bail.
Accordingly, the bail application is allowed.
6. Let applicant - Hitlar be released on bail in the aforesaid case crime
number on furnishing a personal bond and two reliable sureties of the
like amount to the satisfaction of the court concerned subject to following
conditions, which are being imposed in the interest of justice:-
(i) The applicant shall appear before the trial court on the dates fixed,
unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make 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 any police officer
or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social
activity.
7. In case of breach of any of the above condition, the prosecution will be
at liberty to move an application before this Court for cancellation of the
bail of the applicant.
8. 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
S.K.
Digitally signed by :-
SWEETY KANOJIA
High Court of Judicature at Allahabad
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