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2025 DAILYLAW 200332 (ALL)

PANKAJ BISHNOI AND ANOTHER v. STATE OF U.P.

BAIL/34254/2025 · 2025-10-13

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34254 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Anil Kumar Bajpai, learned counsel for the applicants, Shri Yagvalk Pandey, learned AGA for the State and perused the entire material available on record. This is the second bail application filed by the applicants. The first bail application filed by the present applicants has been rejected by this Court by means of a detailed order dated 14.5.2025 passed in Criminal Misc. Bail Application No. 3127 of 2025, a copy of which has been brought on record as Annexure-1 to the bail application. The applicants Pankaj Bishnoi and Arvind Bishnoi ,have filed this second bail application with a prayer to enlarge them on bail in Case Crime No. 520 of 2024, under Sections 308 (2), 308 (6), 318 (4), 61 (2) of the Bharatiya Nyaya Sanhita, 2023, and Section 66D of the Information and Technology Act, Police Station Jalesar, District Etah, during the pendency of the trial before the Court below. In support of this second bail application, learned counsel for the applicants has reiterated the entire submissions made in the first bail application, which are not necessary to mention herein again by this Court. Apart from the above, learned counsel for the applicants submits that charge sheet in this case has already been filed on 1.3.2025, but till date charges have not been framed. There are 08 prosecution witnesses in this case and they are yet to be examined by the Trial Court. The co-accused Vishal has already been enlarged on bail by co-ordinate Bench of this Court on Versus Counsel for Applicant(s) : Anil Kumar Bajpai Counsel for Opposite Party(s) : G.A. Pankaj Bishnoi And Another .....Applicant(s) State of U.P. .....Opposite Party(s) 12.9.2025 in Crl. Misc. Bail Application No. 9802 of 2025. Learned counsel for the applicant argued that the accused-applicants are innocent. They have been falsely implicated in this very case crime number and are languishing in jail since 22.12.2024. They have no criminal antecedent and there is no likelihood of their fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. 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-applicants, Pankaj Bishnoi and Arvind Bishnoi , involved in above mentioned case crime number be released on bail, on their 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 applicants will not tamper with the evidence. 2. The applicants will not indulge in any criminal activity. 3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicants will appear regularly on each and every date fixed by the trial court, unless their personal appearance are 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 their bail. October 14, 2025 Ravi Prakash BAIL No. 34254 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad