Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 2994 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Santosh Kumar Pandey, 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.555 of 2024, under Sections 115(2), 127(1), 109, 352, 351(2), 351(3) B.N.S., Police Station-Nawabganj, District-Bareilly, during the pendency of trial.
4. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The FIR is delayed by about more than two days and there is no explanation to the said delay caused. It is true that one person has sustained injuries in the instant case, but, there is cross- version to the instant case. It is further argued that FIR No. 586 of 2024 has been filed on behalf of the applicant. The applicant himself has sustained injury in the instant case on 08.11.2024. At this point of time it could not be ascertained as to which party was the aggressor. There is no criminal history of the applicant. The applicant is languishing in jail since 05.12.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
5. Learned A.G.A. has vehemently opposed the bail application.
6. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into Versus Counsel for Applicant(s) : Amit Kumar Srivastava, Pramanshu Brij, Prashant Singh, Santosh Kumar Pandey Counsel for Opposite Party(s) : G.A. Shakeel Ahmad Alias Chhotan .....Applicant(s) State of U.P. .....Opposite Party(s)
consideration the delay in institution of FIR and there being a cross-version to the instant case, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
7. Let the applicant- Shakeel Ahmad Alias Chhotan, 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.
8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
9. 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 12, 2025 Karan BAIL No. 2994 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad