Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33661 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Vijay Prakash Chaturvedi, learned counsel for the applicant as well as 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.112 of 2025, under Sections 109(1), 115(2), 3(5) B.N.S., Police Station- Jogiya Udaypur, District- Siddharth Nagar, 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. He has nothing to do with the said offence. There are general and omnibus allegations against all the accused persons including the applicant. The applicant has not been assigned the role of causing stab wound to the injured person.
5. Learned counsel for the applicant has further stated that the applicant himself sustained six injuries and there is no explanation of the said injuries by the prosecution, as such, it is a clear cut case of false implication. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 24.6.2025 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. Per contra, learned A.G.A. have vehemently opposed the bail application. Versus Counsel for Applicant(s) : Vijay Prakash Chaturvedi Counsel for Opposite Party(s) : G.A. Jawahir Lodh .....Applicant(s) State of U.P. .....Opposite Party(s)
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 fact that injuries sustained by the applicant have not been explained by the prosecution and there are general and omnibus allegations against all the accused persons, 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- Jawahir Lodh, 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 pressurize/intimidate 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. October 6, 2025 Vikas Verma BAIL No. 33661 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad