Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 41042 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. 379 of 2025, under Sections 109(1) and 118(1) of B.N.S., P.S. Chaubepur, District-Varanasi, 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 as per first information report, the accused-applicant with the intention to kill the son of the informant namely Dhurandar Yadav has assaulted him with axe. In the incident the alleged victim has received injuries. However, the report of N.C.C.T. Head reveals that the bones of the cranium and pericranial soft tissue appear normal. The orbital contents are unremarkable. The visualised para nasal sinuses are normal. He also submitted that from the perusal of the N.C.C.T. report, it appears that the injuries sustained by the injured were not very much grievous in nature. He lastly submitted that the applicant, who is in jail since 13.6.2025 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 Versus Counsel for Applicant(s) : Pankaj Kumar Dwivedi Counsel for Opposite Party(s) : G.A. Kuldeep Nishad .....Applicant(s) State of U.P. .....Opposite Party(s)
accused, severity of the punishment, submissions of learned counsel for the parties and considering that the injuries sustained by the injured were not very much grievous in nature; the applicant has no criminal history; 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, Kuldeep Nishad 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. 41042 of 2025 2 (Harvir Singh,J.) Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad