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2025 DAILYLAW 30582 (ALL)

SUGADPAL URF GHASI v. STATE OF U.P.

BAIL/9297/2025 · 2025-09-18

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 9297 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Ms. Priyanka Sharma, learned counsel for the applicant and Sri Anand Pati Tiwari, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 21 of 2025, under Sections 115(2), 352, 140(1) of BNS and Sections 4/25 of Arms Act, Police Station - Chhatari, District - Bulandshahr, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as he is not named in the FIR. His name has come up in the confessional statement of co-accused which has no evidentiary value in the eyes of law. Although, the victim has nominated the applicant. 5. Learned counsel has next contended that the applicant is languishing in jail since 22.01.2025, having no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 6. Per contra, learned AGA and learned counsel for the informant have vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. Versus Counsel for Applicant(s) : Priyanka Sharma, Ravi Kant Shukla, Swatantra Kumar Tiwari, Vikrant Neeraj Counsel for Opposite Party(s) : Anand Pati Tiwari, G.A. Sugadpal Urf Ghasi .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, nature of offence, severity of punishment and also considering the fact that the applicant is not named in the FIR, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed. 8. Let the applicant- Sugadpal Urf Ghasi, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will 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 19, 2025 Siddhant BAIL No. 9297 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad