Hafiz Shah Mohammad v. State of U.P. and 3 Others

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33429 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Case called out. None appears for the first informant despite service of notice. Heard Shri Anand Pati Tiwari, learned counsel for the applicant, Shri Ajay Singh, learned AGA for the State and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Hafiz Shan Mohammad, seeking enlargement on bail in Case Crime No. 563 of 2025, under Sections 68, 115 (2), 352, 351 (2) of the Bharatiya Nyaya Sanhita, 2023 and Section 9(m)/10 of POCSO Act, Police Station Auraiya, District Auraiya, during the pendency of the trial before the Court below. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 7.8.2025. Learned counsel for the applicant submits that in the statement recorded under Section 183 of BNSS, victim has said nothing adverse against the applicant. In the post mortem report, all the injuries received on the person of victim were reported to be simple in nature. Learned counsel for the applicant submits that first informant has raised objection not to conduct further medical examination of the victim. Learned counsel for the applicant submits that there is variation in the statements of victim recorded under Sections 180 and 183 of BNSS. Medical injuries does not corroborate with the FIR version. Learned counsel for the applicant submits that if prosecution story can be considered as truth, the Versus Counsel for Applicant(s) : Anand Pati Tiwari Counsel for Opposite Party(s) : G.A. Hafiz Shan Mohammad .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) offence cannot travel beyond section 338 BNS. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 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 case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Hafiz Shan Mohammad, 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:

¶1The applicant will not tamper with the evidence.

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

¶3The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

¶4The 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. September 26, 2025 Ravi Prakash BAIL No. 33429 of 2025 (Ashutosh Srivastava,J.) High Court of Judicature at Allahabad