Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 17309 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard learned counsel for the applicant, Sri Ajay Singh, learned AGA for the State-Respondent and perused the record. The present bail application has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 079 of 2025, under Sections 109(1) of the Bharatiya Nyaya Sanhita, 2023, and Section 3/25, 5(ka)(1), 27(1) of Arms Act, Police Station Sindholi, District Shahjahanpur.
Learned counsel for the applicant argued that the accused-applicant is innocent and he has been falsely implicated in this case crime number.
Learned counsel for the applicant further submits that as per FIR version, the applicant came at the house of the victim and opened fire upon the husband of the informant with the intention to kill them due to his previous injury. He submits that one country made pistol has been recovered from the possession of the applicant, but there is no FSL Report. He submits that there is no independent witness of the alleged incident. He submits that in the present case, charge-sheet has been filed and the applicant is not required any custodial interrogation. In the medical report, no injury has been shown upon the vital part of the victim and all injuries are simple in nature. The applicant is languishing in jail since 18.03.2025. 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 AGA has vehemently opposed the prayer of bail, but could not dispute the above submissions raised by learned counsel for the applicant. Versus Counsel for Applicant(s) : Anuj Bajpai, Vinay Kumar Tripathi Counsel for Opposite Party(s) : G.A., Jai Prakash Singh Bhvinpal Alias Nanhe .....Applicant(s) State of U.P. .....Opposite Party(s)
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, Bhvinpal Alias Nanhe, 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 10, 2025 pks BAIL No. 17309 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad