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2025 DAILYLAW 2936 (ALL)

VISHAL v. STATE OF U.P.

BAIL/33106/2025 · 2026-05-06

Rajiv Lochan Shukla

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33106 of 2025 Court No. - 72 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Supplementary Affidavit filed today in Court is taken on the record. 2. Heard Learned counsel for the applicant, Learned A.G.A. for the State and perused the record. 3. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime no.50 of 2025, under Sections 109(1), 352, 351(3) BNS, Police Station Sikheda, District Muzaffar Nagar. 4. Learned counsel for the applicant states that He has been falsely implicated in the present case. The FIR has been lodged against the applicant and the co-accused Monu. The applicant is in jail Since 24.04.2025. He contends that the trial is in progress and the statement of the informant has been recorded as PW1 and that of the injured as PW2. Both the witnesses have turned hostile to the prosecution case and have not supported it. 5. Learned AGA has opposed the prayer for bail, however, could not dispute the fact that the informant and the injured have both turned hostile. 6. I have considered the submissions made by Learned counsels for the parties. 7. The certified copies of the statement of PW1 and PW2 have been annexed as Annexure No.SA-1 to the supplementary affidavit. A perusal Versus Counsel for Applicant(s) : Atul Kumar, Sushil Kumar Pandey Counsel for Opposite Party(s) : G.A., Madhava Nand Shukla Vishal .....Applicant(s) State of U.P. .....Opposite Party(s) of the said statements indicates that the witnesses have turned hostile. The categorical submission before the Trial Court in statement of the injured is that the accused Monu and Vishal (applicant) did not cause any injury to the injured. 7. Taking into consideration the entire facts and circumstances of the case and also the role of the applicant, who is in jail since 24.04.2025, in the prima facie opinion of the Court, a case for bail is made out. 8. The bail application is allowed. 9. Let the accused-applicant, Vishal, 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: (i) The applicant will not tamper with the evidence. (ii) The applicant will not indulge in any criminal activity. (iii) The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. (iv) The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted by the court concerned. 10. In the event of breach of any of the aforesaid conditions, the court concerned will be at liberty to proceed to cancel his bail. 11. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 12. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. 13. The observations made hereinabove are exclusively for deciding the BAIL No. 33106 of 2025 2 instant bail application and are not to be considered to be an opinion on the merits of the case. May 7, 2026 A. Pandey BAIL No. 33106 of 2025 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad