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2025 DAILYLAW 172273 (ALL)

AMIT KUMAR v. STATE OF U.P.

BAIL/35099/2025 · 2025-10-26

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35099 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Suraj Kumar Singh, 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.208 of 2025, under Sections 309(4), 103(1) B.N.S., Police Station Kokhraj, District Kaushambi, during the pendency of trial. 4. Learned counsel for the applicant has stated that in the instant case, the applicant was granted bail by Co-ordinate Bench of this Court vide order dated 28.7.2025 passed in Criminal Misc. Bail Application No.24716 of 2025 and later on, Sections of 103(1) and 309(4) B.N.S have been added by the Investigating Officer. The applicant has not misused the said opportunity granted earlier on and has cooperated during trial and is ready to do so in future also. 5. Learned counsel for the applicant has further stated that the applicant is not named in the FIR. He has been nominated on the basis of confessional statement before the police, which has no evidentiary value in the eyes of law. There is no criminal history of the applicant. The applicant is languishing in jail since 18.05.2025. In case, he is released on bail, he will not misuse the liberty of bail. Versus Counsel for Applicant(s) : Suraj Kumar Singh Counsel for Opposite Party(s) : G.A. Amit Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) 6. Learned A.G.A. has vehemently opposed the bail application. 7. The Supreme Court in Sehre Alam & Ors. vs. State of U.P. & Anr, [2004(1) JIC 33 All (LB)] has held that no further bail is required in the same crime if once bail is granted in some sections. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, taking into consideration the judgment of Supreme Court passed in Sehre Alam (Supra) 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. 9. Let the applicant- Amit Kumar, 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. 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. October 27, 2025 (Ravi Kant) BAIL No. 35099 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad