HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33289 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Ankit Kumar Singh, learned counsel for the applicant and Sri Ashwani Kumar Tripathi, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 302 of 2025, under Sections 140(1), 115(2), 351(3), 191(2), 191(3), 190, 61(2) of BNS, Police Station - Panki, District - Kanpur Nagar, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about one day and there is no explanation of the said delay caused. 5. Learned counsel has also stated that the allegations are per se false. The applicant was accompanying the victim at the time of incident. Even the applicant is not named in the FIR and his name has come up on the basis of his own confession which has no evidentiary value. 6. Learned counsel has next contended that the applicant is languishing in jail since 09.08.2025, having no criminal history to his credit. 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 AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the Versus Counsel for Applicant(s) : Ankit Kumar Singh Counsel for Opposite Party(s) : G.A. Nirmal Batham .....Applicant(s) State of U.P. .....Opposite Party(s) applicant and also the fact that the applicant has no criminal history. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, nature of offence, severity of punishment and also considering the delay in lodging the FIR, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed. 9. Let the applicant- Nirmal Batham, 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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. 33289 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad