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2025 DAILYLAW 100137 (ALL)

MOHD AAKIL v. STATE OF U.P.

BAIL/32723/2025 · 2025-09-22

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32723 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Bhuvnesh Kumar Singh, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.131 of 2025, under Sections 85, 115(2), 3(5), 109(1), 352, 351(3), 117(2) B.N.S. and 3/4 D.P. Act, Police Station Kotwali Dehat, District Bijnor, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about four days and there is no explanation of the said delay caused. A false case of demand of dowry and that of assaulting the victim has been foisted on the applicant. The medical report does not corroborate the prosecution story as the said injuries have been manufactured. The said doctor is habitual in interpolating the medical report. FIR No.50 of 2023 has been instituted against the said doctor Pramod Kumar. 5. Learned counsel for the applicant has further argued that the instant medical examination has been conducted by the doctor concerned as the injured person was brought at PHC, Kotwali Dehat, District Bijnor by LHC- 667 Chitra Bhaskar. Despite being taken by a lady Head Constable, the FIR was not instituted on 12.06.2025, rather it was instituted after a delay of Versus Counsel for Applicant(s) : Bhuvnesh Kumar Singh Counsel for Opposite Party(s) : G.A. Mohd. Aakil .....Applicant(s) State of U.P. .....Opposite Party(s) more than four days from the incident. There is no criminal history of the applicant. The applicant is languishing in jail since 29.06.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in institution of FIR and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 8. Let the applicant- Mohd Aakil, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 23, 2025 (Ravi Kant) BAIL No. 32723 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad