Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:60741 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5320 of 2025 Applicant :- Vishal Singh Urf Bhakalu Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Singh,Sanjay Singh Counsel for Opposite Party :- G.A.,Vikas Narayan Rai Hon'ble Sameer Jain,J.
1. Heard Sri Rajesh Kumar Singh, learned counsel for the applicant, Sri Vikas Narayan Rai, learned counsel for the informant and Sri Santosh Pandey, learned brief holder for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 685 of 2025, under Sections 111(4), 308(5), 351(3) BNS, Police Station- Bairiya, District- Ballia, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, as per allegation, applicant along with others made demand of Rs. 50,000/- from the informant but entire allegations levelled against the applicant is totally false. 4. He further submitted that even FIR of the present case was lodged after almost two months and this inordinate delay in lodging the FIR itself suggests that it is based on false facts. 5. He further submitted that apart from the present case, however, applicant is having criminal history of 4 other cases but his criminal history has been explained in the instant bail application. 6. He further submitted that along with applicant, co-accused Aryan Singh was also made accused and he was having criminal history of 11 other cases and today he has been released on bail by this Court vide Bail Application No. 4413 of 2025. 7. He further submitted that applicant is in jail in the present matter since 07.01.2025. 8. Per contra, learned AGA as well as learned counsel for the
informant however, opposed the prayer for bail but could not dispute the other argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per allegation, applicant along with others made demand of Rs. 50,000/- from the informant but it reflects, FIR of the present case was lodged after almost two months. 11. Further, however, it appears, apart from the present case, applicant is having criminal history of 4 other cases but his criminal history has been explained in the instant bail application. 12.
Further, along with applicant, co-accused Aryan Singh was also made accused and he was also having criminal history of 11 other cases and today he has been released on bail by this Court and on facts case of applicant is at par with him. 13. Further, applicant is in jail in the present matter since
07.01.2025. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant- Vishal Singh Urf Bhakalu be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 17. In case of breach of any of the above condition, the
prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 18. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 22.4.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad