Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 13019 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Yogesh Mishra, learned counsel for the applicant as well as Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.89 of 2023, under Sections 323, 504, 506, 326 I.P.C., Police Station- Ganjdundvara, District- Kasganj, during the pendency of trial.
4. This is the third bail application on behalf of the applicant. The first bail application was rejected by the Co-ordinate Bench of this Court vide order dated 16.4.2024 passed in Criminal Misc. Bail Application No.14433 of 2024 and the second bail application was rejected vide order dated 5.8.2024 passed in Criminal Misc. Bail Application No.26447 of 2024.
5. Learned counsel for the applicant has stated that the applicant is languishing in jail since 12.10.2023, as such, the period of incarcerated is about 01 year and 11 months. There is no likelihood of conclusion of trial in near future as only two witnesses have been examined to date. As such, the fundamental rights of the applicant enshrined under Article 21 of the Constitution of India stand violated.
6. It is further argued by learned counsel for the applicant that there are ample contradictions in the statements of witnesses recorded in court. The co-accused person Sabban Miyan has already been enlarged on bail. There is Versus Counsel for Applicant(s) : Yogesh Mishra Counsel for Opposite Party(s) : G.A. Raja Alias Kaif Ahmad .....Applicant(s) State of U.P. .....Opposite Party(s)
no criminal antecedent of the applicant and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
7. Per contra, learned A.G.A. 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, taking into
consideration the period of incarceration and also the fact that co-accused person Sabban Miyan has been granted bail, and without expressing any opinion on the merits of the case, prima facie, 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- Raja Alias Kaif Ahmad, 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 evidence during trial. (ii) The applicant shall not pressurize/intimidate 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 Vikas Verma BAIL No. 13019 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad