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2025 DAILYLAW 34142 (ALL)

SURENDRA v. STATE OF U.P.

BAIL/10317/2025 · 2025-09-11

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 10317 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Sudarshan Singh, holding brief of Sri Kumar Ashutosh Srivastava, learned counsel for the applicant and Sri Amit Kumar, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 371 of 2024, under Sections 85, 115(2), 352, 109 of BNS and Section 3/4 of D.P. Act, Police Station Didauli, District Amroha, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. 5. Learned counsel has next stated that the FIR is delayed by 15 days and there is no explanation of the said delay caused. It is true that there are burn injuries sustained by the injured person but the said medical examination has been conducted on 18.07.2024 itself which speaks volume of false implication. The injury has been sustained somewhere else and applicant has been falsely implicated in the present case. 6. There is no criminal history of the applicant. The applicant is languishing in jail since 16.08.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. Versus Counsel for Applicant(s) : Kumar Ashutosh Srivastava, Nagendra Bahadur Singh Counsel for Opposite Party(s) : G.A. Surendra .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Learned State Law Officer has vehemently opposed the bail application. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and taking into consideration the delay in institution of the FIR, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant- Surendra, 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 the 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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 Sumit S BAIL No. 10317 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad