Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 23332 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard learned counsel for the applicant, Sri Yagvalkya Pandey, learned AGA for the State-Respondent and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of the accused-applicant seeking enlargement on bail in Case Crime No. 85 of 2025, under Sections 115(2), 352, 109, 351(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023, Section 3/25 of Arms Act, Police Station Narsena, District Bulandshahar. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 04.04.2025. He submits that in the FIR only general allegation has been levelled against the applicant. He submits that in the FIR it has been alleged that the victim has been assaulted with an iron rod and subsequently fired at the injured person but no firearm injury has been shown in the medical report. It is further submitted that who is the author of the injuries mentioned in the medical report is nowhere mentioned in the case diary. Learned counsel for the applicant submits that similarly circumstanced co-accused Farhat Kha has already been enlarged on bail by the Co-ordinate Bench of this Court vide order dated 19.09.2025 in Criminal Misc. Bail Application No. 16104 of 2025. He submits that the applicant has criminal antecedents of five cases to his credit which has been explained in the affidavit filed in support of the bail application. He further submits that there is no likelihood of his fleeing from course of justice or tampering with Versus Counsel for Applicant(s) : Mohd. Imran, Syed Safdar Ali Kazmi, Vinod Singh Counsel for Opposite Party(s) : G.A. Jainul Alias Jainul Khan .....Applicant(s) State of U.P. .....Opposite Party(s)
evidence in case of release on bail. Hence, bail has been prayed for. Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but could not dispute the aforesaid fact. Considering all above 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, Jainul Alias Jainul Khan, 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 15, 2025 pks BAIL No. 23332 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad