Allahabad High Court

HASNAVIversusSTATE OF U.P.

Decided: 6 May 2026
Bench: RAJIV LOCHAN SHUKLA

Holding

The court granted bail to the applicant, subject to a personal bond, sureties, and specific conditions.

Summary

The applicant, Hasnavi, sought bail in a criminal case (Crime No. 359 of 2024) alleging false implication. The prosecution’s key witnesses, the informant and the injured party, turned hostile and denied the applicant’s involvement, stating the injury was caused by an unknown person. The State highlighted the applicant’s prior criminal history involving four cases, though the applicant was already out on bail in those matters. Considering the applicant’s prolonged detention since August 2024 and the hostile testimony, the court, without addressing the merits, decided to grant bail with a personal bond, two sureties, and strict conditions against tampering with evidence, intimidation, and non‑appearance. The order also directed procedural steps for the applicant’s release via the Bail Order Management System.

Issues considered

Whether bail should be granted despite the applicant's prior criminal history.
Whether the turning hostile of the prosecution witnesses justifies bail.
Whether the conditions imposed are sufficient to safeguard the trial.

Legislation cited

Indian Penal Code — s. 109(1)

Subjects

bail
hostile witness
false implication
criminal history
conditions of bail

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32281 of 2025

Hasnavi
.....Applicant(s)
Versus

State of U.P.
.....Opposite
Party(s)

Counsel for Applicant(s) : Manvendra Singh, Pushpa Joshi,
Saurabh Yadav
Counsel for Opposite Party(s) : G.A.

Court No. - 72
HON'BLE RAJIV LOCHAN SHUKLA, J.

1. Heard Learned counsel for the applicant, Learned A.G.A. for the State
and perused the record.

2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime no.359 of 2024, under Section 109(1)
BNS, Police Station Ujhani, District Badaun

3. Learned counsel for the applicant contends that the applicant has been
falsely implicated in the present case. He further contends that the first
informant and the injured witnesses have both turned hostile and have not
supported the prosecution version. The statement of the prosecution
witnesses has been filed alongwith bail application and the supplementary
affidavit.

4. Learned AGA has opposed the prayer for bail, however, could not
dispute the fact that the informant and the injured witness have turned
hostile and have not supported the prosecution case. He, however, has
pointed out that the applicant has a criminal history of four cases.

5. Rejoining the issue, Learned counsel for the applicant states that the
applicant is on bail in all the previous cases. In one of the case, the
applicant was granted bail on 08.04.2026, i.e., after the filing of the
supplementary affidavit before this Court.

6. I have considered the submissions made by Learned counsels for the
BAIL No. 32281 of 2025
2

parties.

7. The applicant is stated to be in jail since 13.08.2024. In the trial, the
prosecution witnesses PW1 and PW2, who are the informant and the
injured, have been examined and they have turned hostile to the
prosecution case. The injured has specifically stated that the applicant,
who is the brother-in-law of the injured (Chachera Devar) did not shoot
the injured and she had received injuries by some unknown person, whom
she was unable to identify.

8. Taking into account the facts and circumstances of the case, the period
of detention of the applicant as well as the fact that the injured witnesses
have turned hostile to the prosecution case, without expressing any
opinion on the merits of the case, I find it appropriate to enlarge the
applicant on bail.

9. The bail application is allowed.

10. Let the accused-applicant, Hasnavi, involved in above mentioned
case crime number be released on bail, on his executing a personal bond
and two reliable 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.

(ii) The applicant will not indulge in any criminal activity.

(iii) The applicant will not pressurize/intimidate the prosecution witnesses
and co-operate in the trial.

(iv) The applicant will appear regularly on each and every date fixed by
the trial court, unless his personal appearance is exempted by the court
concerned.

11. In the event of breach of any of the aforesaid conditions, the court
concerned will be at liberty to proceed to cancel his bail.

12. It is made clear that the applicant shall be released on the basis of
computer generated copy of this order, downloaded from the official
website of High Court Allahabad and verified by the concerned counsel
BAIL No. 32281 of 2025
3

with the undertaking that the certified copy will be filed within 15 days.

13. It is further directed that the trial court shall send the release order to
the concerned jail through Bail Order Management System (BOMS) to
ensure early release of the applicant.

14. The observations made hereinabove are exclusively for deciding the
instant bail application and are not to be considered to be an opinion on
the merits of the case.

(Rajiv Lochan Shukla,J.)
May 7, 2026
A. Pandey

Digitally signed by :-
ANAND PANDEY
High Court of Judicature at Allahabad

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