Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33302 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record.
2. Heard Sri Yatish Kumar Dwivedi, learned counsel for the applicant and Sri Amit Kumar, learned State Law Officer and also perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 309 of 2025, under Sections 331(4), 305, 317(2) & 317(4) of BNS and Sections 3/25 of Arms Act, Police Station - Kotwali Orai, District - Jalaun, during the pendency of trial.
4. Learned counsel for the applicant has argued that the instant case is of theft case and the applicant has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR.
5. Learned counsel has also stated that in all seven cases were foisted on the applicant at a go at the time of his arrest in the instant matter. Criminal history of seven more cases assigned to the applicant prior to the instant FIR has been explained and the applicant has applied for bail in the said cases.
6. Learned counsel has next contended that the applicant is languishing in jail since 01.06.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial.
7. Per contra, learned State Law Officer has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant. Versus Counsel for Applicant(s) : Sunit Kumar, Yatish Kumar Dwivedi Counsel for Opposite Party(s) : G.A. Yashpal Alias Chhillu .....Applicant(s) State of U.P. .....Opposite Party(s)
8. In the case of Prabhakar Tewari Vs. State of U.P. and another, (2020) 11 SCC 648, the Supreme Court has observed that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail.
9. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, nature of offence, severity of punishment, period of incarceration, criminal antecedents of the accused and without expressing any opinion on the merits of the case, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed.
10. Let the applicant- Yashpal Alias Chhillu, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed.
11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
12. 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 25, 2025 Siddhant BAIL No. 33302 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad