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2025 DAILYLAW 41060 (ALL)

ROHIT BHANDARI v. STATE OF U.P.

BAIL/12125/2025 · 2025-09-22

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 12125 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. None is present on behalf of informant to press this application. 2. Heard Sri Keshari Nandan Singh, learned counsel for the applicant and 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. 28 of 2025, under Sections 109(1), 115(2), 118(1), 351(2) & 352 of BNS, Police Station - T.P. Nagar, District - Meerut, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have attempted to commit murder of informant's son by striking him with a sharp-edged weapon and when he has tried to evade, his nose got cut on 14.01.2025 at about 08:00 PM. 5. 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 alleged in the FIR. The FIR is delayed by about three hours and there is no explanation of the said delay caused. 6. Learned counsel has also stated that injury sustained by the injured is not grievous in nature although the tip of his nose was cut. The applicant is languishing in jail since 20.01.2025, 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. Versus Counsel for Applicant(s) : Keshari Nandan Singh Counsel for Opposite Party(s) : G.A., Sanjay Kr. Srivastava Rohit Bhandari .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Per contra, learned AGA has 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. 8. 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 period of incarceration and the injury sustained by the injured, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed. 9. Let the applicant- Rohit Bhandari, 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. 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 23, 2025 Siddhant BAIL No. 12125 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad