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

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

What the court decided

AI extract

Outcome

Bail allowed: applicant Asif ordered to be released on bail in Case Crime No. 276 of 2022 under Sections 457, 380, 411 I.P.C., Police Station Hafizpur, District Hapur, on executing a personal bond and furnishing two local sureties each in the like amount, subject to five enumerated conditions (no tampering with evidence; no threatening/harassing witnesses; appearance on dates fixed; no similar offence; no inducement/threat/promise to dissuade disclosure), with liberty to the trial Court to cancel bail on breach.

Issue for consideration

Whether the applicant Asif, accused in Case Crime No. 276 of 2022 under Sections 457, 380, 411 I.P.C., Police Station Hafizpur, District Hapur, should be released on bail.

Court's answer

Considering the overall facts and circumstances, the nature of allegations and the gravity of offence, and without expressing any opinion on merits, the Court found it to be a fit case for bail.

Ratio / Principle

The bail application stands allowed; the applicant Asif is to be released on bail in Case Crime No. 276 of 2022 under Sections 457, 380, 411 I.P.C., Police Station Hafizpur, District Hapur, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned.

Key takeaways

Release is subject to conditions: the applicant shall not tamper with prosecution evidence, shall not threaten or harass prosecution witnesses, shall appear on dates fixed by the trial court, shall not commit a similar offence, and shall not directly or indirectly induce, threaten or promise any person acquainted with the facts so as to dissuade disclosure or tamper with evidence; on breach of any condition, the trial Court may cancel the bail in accordance with law.ratio¶16

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 70), Dr. Gautam Chowdhary, J. — Criminal Misc. Bail Application No. 9081 of 2025, decided 13.8.2025 (Neutral Citation 2025:AHC:139084): Bail application of applicant Asif allowed in Case Crime No. 276 of 2022 under Sections 457, 380, 411 I.P.C., Police Station Hafizpur, District Hapur. Counsel for the applicant urged innocence, falsity of implication, and parity with similarly situated co-accused Rizwan @ Gutta, already enlarged on bail by a coordinate Bench vide order dated 03.01.2023 in Criminal Misc. Bail Application No. 58744 of 2025; the applicant undertook to cooperate with the process of law and was stated to be languishing in jail since 30.11.2022. Learned AGA opposed on the apprehension of misuse of liberty but could not dispute the parity submission. Considering the overall facts and circumstances, the nature of allegations and the gravity of offence, and without expressing any opinion on merits, the Court found it a fit case for bail and ordered release on executing a personal bond and furnishing two local sureties each in the like amount, subject to conditions (non-tampering with evidence, non-harassment of witnesses, appearance on fixed dates, no similar offence, no inducement to dissuade disclosure), with liberty to the trial Court to cancel bail on breach.

Neutral Citation No. - 2025:AHC:139084

Court No. - 70

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9081 of 2025

Applicant :- Asif Opposite Party :- State of U.P. Counsel for Applicant :- Chandrajeet Counsel for Opposite Party :- G.A.

Hon'ble Dr. Gautam Chowdhary,J.

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

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. Learned counsel further submits that similarly situated co-accused namely, Rizwan @ Gutta has already been enlarged on bail by coordinate Bench of this Court vide order dated 03.01.2023 passed in Criminal Misc. Bail Application No. 58744 of 2025, copy of which order is at page no. 33 of the paper book. It is thus contended that the applicant is also entitled for bail on the ground of parity. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 30.11.2022.

3 Learned AGA has vehemently opposed the bail application and submits that in case the applicant is released on bail he will misuse the liberty of bail, however, could not dispute the submissions of learned counsel for the applicant with regard to parity.

Considering the overall facts and circumstances, the nature of

allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed.

Let the applicant Asif be released on bail in Case Crime No. 276 of 2022 under Sections 457, 380, 411 I.P.C., Police Station Hafizpur, District Hapur, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the 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.

Order Date :- 13.8.2025 S.Ali

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