Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34429 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Sri Adesh Kumar, learned counsel for the applicant, Sri Akhileshwar Pratap Singh, learned counsel for the first informant, Sri Rajesh Kumar Singh, learned AGA for the State-Respondent and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 445 of 2025, under Sections 74, 351(2), 191(2), 191(3), 190, 115(2), 352, 109(1) of B.N.S., and Section 7/8 of POCSO Act, Police Station Kankarkhera, District Meerut.
Learned counsel for the applicant argued that the accused-applicant is innocent and he has been falsely implicated in this case crime number. He submits that as per prosecution story on 27.06.2025 at 09:10 PM the first informant along with his family members were present at their house, at that time a boy who always used to do stunt by his bike and used to abuse filthy words in front of the house of the informant. When the informant opposed the same then the applicant came along with his 15-20 boys and assaulted upon the informant and his family members. He submits that the entire story is concocted and the applicant has been falsely implicated in the present case due to ulterior motive. He further submits that the applicant was not present on the spot at the time of incident. Learned counsel for the applicant further submits that no specific role has been assigned to the applicant. He further submits that nothing incriminating material has been recovered from the possession of the applicant. He further submits that there is no independent witness of the alleged incident. He submits that in the present case, charge- Versus Counsel for Applicant(s) : Adesh Kumar Counsel for Opposite Party(s) : G.A. Krash @ Krish .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)
sheet has been filed and the applicant is not required any custodial interrogation. In the medical report, there is no internal damages on the body of the injured and all the injuries are simple in nature. The applicant is languishing in jail since 02.07.2025. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the bail has been prayed for.
Learned counsel for the AGA has vehemently opposed, but could not dispute the aforesaid fact raised by learned counsel for the applicant. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima- facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Krash @ Krish, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. October 28, 2025 pks BAIL No. 34429 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad