Haseeb vs. State Of U.P.
Facts
The applicant, Haseeb, seeks bail in Case Crime No. 105 of 2025, registered under various sections of the Bharatiya Nyaya Sanhita (B.N.S.), including those related to forgery and causing hurt. The prosecution alleges that the applicant acted as a middleman for procuring forged GST receipts. The applicant claims to be a labourer with no incriminating recovery made from him. He highlights that a co-accused, Antu alias Umar, has already been granted bail by the High Court on July 4, 2025. The applicant has been in jail since May 23, 2025, and asserts no prior criminal antecedents. He assures cooperation in the trial if released on bail.
Held
The Court held that the applicant is entitled to be enlarged on bail on the ground of parity. The reasoning was based on the fact that a co-accused, who was allegedly involved in similar activities, had already been granted bail by the High Court. The Court considered the entire facts and circumstances, the submissions of both parties, and the nature of the offence, evidence, and complicity of the accused, without expressing any opinion on the merits of the case. The operative direction was to release the applicant, Haseeb, on bail upon furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to several conditions including not tampering with evidence, cooperating in the trial, and not indulging in criminal activity. The Court did not expressly leave any issue undecided.
Key Issues
1. Whether the applicant is entitled to be released on bail on the ground of parity with a co-accused who has already been granted bail, considering the allegations of his involvement as a middleman for procuring forged GST receipts? Contentions: Petitioner (Applicant): The applicant argues that he is entitled to bail on the ground of parity, as a co-accused, Antu alias Umar, has already been released on bail by this Court. He further submits that he is a labourer, no incriminating material was recovered from him, and he has no criminal antecedents. He assures cooperation in the trial and states he has been in jail since May 23, 2025. Revenue (State): The learned A.G.A. opposed the bail application but could not dispute the applicant's parity with the co-accused who has already been granted bail.
Sections Cited
319(2), 318(4), 338, 336(3), 340(2), 61(2)A
AI-generated summary — verify with the full judgment below
Neutral Citation No. - 2025:AHC:113943 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23266 of 2025 Applicant :- Haseeb Opposite Party :- State of U.P. Counsel for Applicant :- Anuj Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
Heard Sri Anuj Kumar Gupta, learned counsel for the applicant, Sri Rajeev Kumar Singh, learned A.G.A. for the State and perused the record.
The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 105 of 2025, u/s 319(2), 318(4), 338, 336(3), 340(2), 61(2)A B.N.S., P.S.- Sambhal, District- Sambhal, during the pendency of the trial.
Contention of learned counsel for the applicant is that allegation against the applicant is that he used to work as middleman for procuring forged GST receipt. It is further submitted that though the applicant is a labourer, nothing incriminating has been recovered from the applicant. It is further submitted that co-accused, Antu alias Umar, has already been enlarged on bail by this Court vide order dated 04.07.2025 passed in Criminal Misc. Bail Application No. 22267 of 2025 and, therefore, the applicant is also entitl
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