Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 6407 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard Sri Sher Sing, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.12 of 2025, under Sections 110, 118(1), 131, 352, 351(2) B.N.S., Police Station-Mansoorpur, District-Muzaffar Nagar, the pendency of trial. 4. As per prosecution story, the applicant along with two other named accused and one unknown accused person are stated to have assaulted and caused grievous injuries to son of the informant on 13.01.2025 at about 10:00 AM. 5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. FIR is delayed by about 12 hours and there is no explanation to the said delay caused. It is true that injured person has sustained nine injuries but only three were found grievous in nature and two fractures have been observed by the doctor conducing the medical examination of the victim. There are general and omnibus allegations of assault against all the accused persons. Even the victim has not specified any role to any of the accused whatsoever. A recovery of Danda has been foisted on the applicant just to falsely implicate the applicant. There is no criminal history of the applicant. The applicant is languishing in jail since 15.01.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in institution of FIR coupled with the fact that there are general and omnibus allegations Versus Counsel for Applicant(s) : Asheesh Kumar Tiwari, Asheesh Kumar Yadav, Neeraj Tomar, Sher Singh, Vinod Tripathi Counsel for Opposite Party(s) : Awdhesh Singh, G.A. Harshit .....Applicant(s) State of U.P. .....Opposite Party(s)
against all the accused persons and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 8.
The bail application is allowed. 8. Let the applicant- Harshit, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 12, 2025 Karan BAIL No. 6407 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad