Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 39068 of 2025 Court No. - 70 HON'BLE HARVIR SINGH, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record. 2. By means of this application, the applicant who is involved in Case Crime No. 239 of 2025, under Sections 109(1), 115(2), 352, 351(3) of B.N.S., P.S. Sajeti, District-Kanpur Nagar, is seeking enlargement on bail during the trial. 3. Learned counsel for the applicant submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. He next submitted that there is also a cross version of the incident. One person received injuries from the side of the prosecution, while one person received injuries from the side of the defense, which the prosecution has not been able to explain. It is apparent and difficult to ascertain at this stage as to which party is the aggressor. He further submitted that as per opinion of Doctor from Lala Lajpat Rai Hospital, Kanpur Nagar, the nature of injuries cannot be assessed as wound is stitched. He lastly submitted that the applicant, who is in jail since 10.07.2025 and has no criminal antecedents to his discredit is entitled to be enlarged on bail during pendency of the trial. 4. The prayer for bail has been vehemently opposed by learned A.G.A.
5. Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for Versus Counsel for Applicant(s) : Ashish Kumar, Kuldeep Kumar Gupta, Lakshman Singh Counsel for Opposite Party(s) : G.A. Jagatpal .....Applicant(s) State of U.P. .....Opposite Party(s)
the parties and considering that it is a cross case, in which both the sides have sustained injuries; as per doctor's opinion from Lala Lajpat Rai Hospita, Kanpur Nagar, the nature of injuries cannot be assessed as wound is stitched; without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial. 6.
6. Let the applicant, Jagatpal be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:- i. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release. ii. He will not tamper with the witnesses. iii. He will not indulge in any illegal activities during the bail period. 7. It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted. 8. In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail. April 2, 2026 Faridul BAIL No. 39068 of 2025 2 (Harvir Singh,J.) Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad