Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 41282 of 2025 Court No. - 72 HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard Learned counsel for the applicant, Learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime no.130 of 2025, under Sections 109, 115(2) BNS, Police Station Sahar, District Auraiya. 3. Learned counsel for the applicant contends that the applicant has been falsely implicated in the present case. The applicant has not been assigned the role of assaulting the injured but of the informant, who was not medically examined. The applicant is in jail since 29.08.2025 having no criminal antecedents. 4. Learned AGA has opposed the prayer for bail and has contended that the applicant has been specifically named in the FIR. The injured had received grievous head injury. The participation of the applicant has been clearly mentioned in the FIR and no case for bail is made out. 5. I have considered the submissions made by the Learned counsels for the parties. 6. This Court on 08.12.2025 had directed the Learned AGA to obtain the statement of the injured. Last opportunity was granted to place the statement of the injured on the record by the order dated 02.04.2026. Versus Counsel for Applicant(s) : Anand Pati Tiwari, Pankaj Kumar Ojha, Shiv Kumar Counsel for Opposite Party(s) : G.A. Jay Singh .....Applicant(s) State of U.P. .....Opposite Party(s)
7. Today, when the case has been called on, Learned AGA states that he has been unable to obtain the statement of the injured witness. Earlier instructions indicated that the injured was not in a position to speak. A chargesheet has already been submitted. 8. Perusal of the material on record indicates that the injured during his medico legal examination was found to have sustained a single injury on his head, which was an incised wound. As per the FIR, the said injury has been attributed to the co-accused Santosh and Ramesh. The applicant and the co-accused Himanshi have been assigned the role of assaulting the informant, however, the informant has not been medically examined. The applicant has no criminal antecedents and is in jail since 29.08.2025. 9.
Taking into consideration the entire facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it appropriate to enlarge the applicant on bail. 10. The bail application is allowed. 11. Let the accused-applicant, Jay Singh, 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. 12. In the event of breach of any of the aforesaid conditions, the court concerned will be at liberty to proceed to cancel his bail. 13. It is made clear that the applicant shall be released on the basis of BAIL No. 41282 of 2025 2
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. 14. 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. May 5, 2026 A. Pandey BAIL No. 41282 of 2025 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad