Mohd Hasan vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Mohd Hasan vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release of the applicant Mohd. Hasan on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the stated conditions; breach of any condition permits the trial Court to cancel bail in accordance with law.

Issue for consideration

Whether the applicant Mohd. Hasan, who had earlier been granted bail but against whom a non-bailable warrant was issued following his non-appearance before the trial court, and who surrendered on 12.12.2024 and remains in judicial custody, ought to be enlarged on bail in Sessions Trial No. 01 of 2025 (arising out of Case Crime No. 181 of 2000, Section 216 (A) I.P.C., P.S. Meja, District Prayagranj).

Court's answer

Taking into account the submissions of counsel, the facts of the case, the nature of accusations, the period of custody and all attending facts and circumstances, and without expressing any opinion on the merits, the Court held that a case for bail was made out and allowed the bail application.

Ratio / Principle

The Court directed that the applicant Mohd. Hasan be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the enumerated conditions: (i) no tampering with prosecution evidence; (ii) no threatening or harassing of prosecution witnesses; (iii) appearance on dates fixed by the trial court; (iv) no commission of a similar offence; and (v) no direct or indirect inducement, threat or promise to any person acquainted with the facts so as to dissuade such person from disclosing facts to the Court or police or tampering with evidence.

Key takeaways

In case of breach of any of the imposed bail conditions, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law.ratio¶15

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Hon'ble Dr. Gautam Chowdhary,J.; Order dated 24.4.2025) allowed Criminal Misc. Bail Application No. 10880 of 2025 of applicant Mohd. Hasan, involved in Sessions Trial No. 01 of 2025 arising out of Case Crime No. 181 of 2000 under Section 216 (A) I.P.C., Police Station Meja, District Prayagranj [sic, as printed]. Counsel submitted that the applicant, though initially granted bail and regularly appearing, missed trial-court appearances owing to alleged lack of communication by his local counsel, resulting in issuance of a non-bailable warrant; upon learning of the process, he surrendered before the trial court on 12.12.2024 and had been in judicial custody since. Learned A.G.A. opposed the prayer for bail. Without expressing any opinion on the merits, the Court, weighing the submissions, facts, nature of accusations, period of custody and attending circumstances, held that a case for bail was made out and directed release on a personal bond with two local sureties of like amount, conditioned on: non-tampering with prosecution evidence; non-threatening/non-harassment of prosecution witnesses; appearance on dates fixed; abstention from committing a similar offence; and no inducement, threat or promise to any person acquainted with the facts to dissuade disclosure or cause tampering. Breach of any condition entitles the trial Court to cancel the bail in accordance with law.

Neutral Citation No. - 2025:AHC:63253

Court No. - 86

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10880 of 2025

Applicant :- Mohd Hasan Opposite Party :- State of U.P. Counsel for Applicant :- Satish Sharma,Shashank Pathak Counsel for Opposite Party :- G.A.

Hon'ble Dr. Gautam Chowdhary,J.

Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record.

Learned counsel for the applicant submits that in the instant case, initially the applicant-accused was granted bail and he was continuously appearing before the trial court, thereafter due to lack of communication by his local counsel, the applicant could not appear before the trial Court as a result of which non-bailable warrant was issued against. Learned counsel further that as soon as the applicant came to know about issuance of process against him, the applicant surrendered before the trial court on 12.12.2024 and since then he is languishing in jail. He further submits that the applicant had not deliberately absconded from the judicial proceedings and undertakes that he shall not repeat the same in future. Lastly, it was submitted that the applicant is in judicial custody since 12.12.2024 and in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.

Learned A.G.A. has opposed the prayer for bail.

Considering the submissions of learned counsel for the parties, facts of the case, nature of accusations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.

Let the applicant Mohd. Hasan involved in Sessions Trial No. 01 of 2025 arising out of Case Crime No.181 of 2000 under

Section 216 (A) I.P.C. Police Station Meja, District Prayagranj, be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:

i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses.

iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.

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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law.

Bail application is, accordingly allowed.

Order Date :- 24.4.2025 S.Ali

Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad