Haji Mohammad Hasnain Vs State of U.P. — Cheque Dishonour | Allahabad HC (2026)

Haji Mohammad Hasnain Vs State of U.P. — Cheque Dishonour | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Accused-applicant Haji Mohammad Hasnain to be released on bail in Case Crime No. 57 of 2026 on executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to conditions of non-tampering with evidence, abstention from criminal activity, non-intimidation of prosecution witnesses with cooperation in trial, and regular appearance before the trial court; breach entitles the court below to cancel bail.

Issue for consideration

Whether the accused-applicant Haji Mohammad Hasnain should be enlarged on bail in Case Crime No. 57 of 2026 under Sections 318(4), 336(3), 338, 340(2), 3(5), 61(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Budhana, District Muzaffarnagar, during the pendency of trial.

Court's answer

Considering the facts and circumstances, nature of accusations, severity of punishment in case of conviction, nature of supporting evidence, reasonable apprehension of tampering with witnesses, and prima facie view, but without commenting on the merits of the case, a case for bail is made out.

Ratio / Principle

The bail application is allowed and the accused-applicant Haji Mohammad Hasnain is to be released on bail on executing a personal bond and two reliable 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 evidence, shall not indulge in criminal activity, shall not pressurize/intimidate prosecution witnesses and shall cooperate in the trial, and shall appear regularly on every date fixed by the trial court unless exempted; on breach of any condition, the court below may cancel his bail.ratio¶22

Detailed headnote1 paragraphs

Bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by Haji Mohammad Hasnain, accused in Case Crime No. 57 of 2026 under Sections 318(4), 336(3), 338, 340(2), 3(5), 61(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Budhana, District Muzaffarnagar, during pendency of trial. Counsel contended the applicant was falsely implicated, that co-accused Meharban Ali named him in his confessional statement due to personal enmity arising from pending Negotiable Instruments Act proceedings, that no specific or direct role was attributed to him in the FIR, that he had no criminal antecedents, and that he was in jail since 24.02.2026. Held (Ashutosh Srivastava, J.), considering the nature of accusations, severity of punishment, supporting evidence and reasonable apprehension of tampering, and without commenting on merits, a case for bail was made out. Application allowed; applicant to be released on a personal bond and two reliable sureties each, subject to conditions (no tampering with evidence, no criminal activity, no pressurizing/intimidating prosecution witnesses, regular appearance before the trial court); on breach, the court below may cancel bail.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 14028 of 2026

Haji Mohammad Hasnain

.....Applicant(s)

Versus
State of U.P. .....Opposite Party(s)
Counsel for Applicant(s) : Prateek Srivastava
Counsel for Opposite Party(s) : G.A.

Court No. - 68

HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard Shri Prateek Srivastava, learned counsel for the applicant, Shri Rajesh Kumar Singh, learned AGA for the State-respondents and perused the record.

This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Haji Mohammad Hasnain, seeking enlargement on bail in Case Crime No. 57 of 2026, under Sections 318(4), 336(3), 338, 340(2), 3(5), 61(2), of the Bharatiya Nyaya Sanhita, 2023, Police Station Budhana, District Muzaffarnagar during the pendency of the trial before the Court below.

The learned counsel for the applicant submits that the accused-applicant is innocent and has been falsely implicated in the present case crime number. It is further contended that the co-accused, Meharban Ali, has named the applicant in his confessional statement due to personal enmity, as proceedings under the Negotiable Instruments Act are pending between them.

It is argued that no specific or direct role has been attributed to the applicant in the First Information Report. The applicant has no criminal antecedents and is a law-abiding citizen. He is in jail since 24.02.2026 and there is no likelihood of the applicant absconding or fleeing from the course of justice, nor is there any possibility of tampering with prosecution evidence if he is released on bail.

BAIL No. 14028 of 2026

2

Learned AGA has vehemently opposed the prayer for bail.

Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie , but without commenting on merit of case, a case for bail is made out.

Accordingly, the bail application is allowed .

Let the accused-applicant, Haji Mohammad Hasnain, 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:

1. The applicant will not tamper with the evidence.

2. The applicant will not indulge in any criminal activity.

3. The applicant will not pressurize/intimidate the prosecution witnesses and cooperate in the trial.

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

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

(Ashutosh Srivastava,J.)

May 5, 2026

Vibha Singh

Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad