Allahabad High Court
HASHIMversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The court held that the applicant is entitled to bail during the pendency of the trial.
Summary
The applicant, Hashim, was arrested in Crime No. 222 of 2026 under IPC sections 305‑A, 331(4) and 317(2) BNS for an alleged theft. He pleaded that he is innocent, that the FIR was lodged against unknown persons, and that the recovery alleged by the police is false, emphasizing his clean record and lack of prior criminal history. The State opposed the bail application, arguing against his release. After reviewing the record, the nature of the allegations and the arguments of counsel, the High Court held that bail should be granted during the pendency of the trial, without expressing any opinion on the merits. The court ordered his release on a personal bond with two sureties, subject to conditions prohibiting tampering with evidence, intimidation of witnesses, committing similar offences, and making inducements, and directed verification of sureties' identity and residence.
Issues considered
- Whether bail should be granted to the accused under IPC sections 305‑A, 331(4) and 317(2) BNS pending trial
- Whether the applicant poses a risk of tampering with evidence or influencing witnesses
- Whether the conditions imposed are sufficient to safeguard the trial process
Legislation cited
- Indian Penal Code — s. 305-A, 317(2), 331(4)
Subjects
- bail
- criminal procedure
- IPC
- sections 305-A
- section 331(4)
- section 317(2)
- theft
- sureties
- conditions of bail
- Uttar Pradesh
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31789 of 2026
Hashim
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ehtesham Afsar Khan
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. 222 of 2026, under Sections 305-A, 331(4),
317(2) BNS, Police Station- Devarniya, District- Bareilly, 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 FIR has been lodged against
unknown persons regarding incident of alleged theft. 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. It is
next submitted that a false recovery has been shown from the possession of
the applicant. There is no independent witness of the alleged recovery. On
the basis of said recovery, the applicant has been implicated simultaneously
in two other cases also. Except the aforesaid cases, the applicant was not
having any previous criminal history and he is languishing in jail since
3.7.2026. 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
that the applicant is entitled to be enlarged on bail during the pendency of
the trial.
BAIL No. 31789 of 2026
2
Accordingly, without expressing any opinion on the merits of the case,
the instant bail application is allowed.
Let applicant, Hashim 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
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