Hasan Ali @ Hasnain Ali vs State of U.P.

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8737 of 2025

Applicant :- Hasan Ali @ Hasnain Ali Opposite Party :- State of U.P. Counsel for Applicant :- Anand Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Anand Kumar Tiwari, learned counsel for the applicant and Sri Imran Khan, learned AGA for the Staterespondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 17 of 2025, under Sections 109(1), 111(2)(b), 310(5), 336(3), 340(2), 338 BNS and 3/25/27 Arms Act and 15 Dacoity Act, Police Station Lohamandi, District Agra, during pendency of the trial in the court below.

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Learned counsel for the applicant submitted that it is a case of police encounter in which admittedly none of the police personnel sustained injuries and applicant has been made accused in the present matter on the basis of false allegations alongwith coaccused Hashim Hussain and Meesam Hussain @ Kasim Hussain and after considering entire facts of the case, both the co-accused have been released on bail by this Court vide order dated 12.3.2025 passed in Crl. Misc. Bail Application No. 8709 of 2025 and on facts, case of applicant is at par with them.

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He further submitted that applicant is not having any previous criminal history and in the present matter, applicant is in jail since 28.1.2025.

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Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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Considering the arguments advanced by learned counsel for the applicant and the fact that two similarly placed co-accused Hashim Hussain and Meesam Hussain @ Kasim Hussain have already

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been released on bail by this Court and applicant is not having any previous criminal history and in the present matter, applicant is in jail since 28.1.2025, in my view, applicant is entitled to be released on bail.

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

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Let the applicant- Hasan Ali @ Hasnain Ali, be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(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.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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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.

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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.

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Order Date :- 17.3.2025

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Ankita

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Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad

Hasan Ali @ Hasnain Ali v. State of U.P.

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Hasan Ali @ Hasnain Ali v. State of U.P.

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