Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:61321 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13260 of 2025 Applicant :- Harpal Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Pratap Yadav Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
2. Learned counsel for the applicant submits the incident is alleged to have taken place on 16.12.2018 whereas the F.I.R. has been lodged on 06.04.2019 and there is no plausible explanation of delay of more than three and a half months. He further submits that perusal of the injury report shows that the injured sustained as many as five years wherein the injured sustained as many as five injures and all injuries are simple in nature except injury no.2 which has been kept under observation. He next submits that the civil dispute exists between the parties which has been dragged into criminal prosecution of the applicant. Learned counsel next argued that the applicant has been falsely implicated in the present case due to ulterior motive. Learned counsel next argued that the applicant has no criminal history. Several other submissions in
order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 20.02.2025.
3. Per contra, learned A.G.A. has opposed the prayer for bail of the
applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence.
4. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail.
5. Let applicant Harpal involved in Case Crime No.156 of 2019 under Sections 308, 324, 323, 504 I.P.C., Police Station Gunnaur, District Sambhal, be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade such person from disclosing
facts to the Court or to any police officer or tamper with the evidence.
6. In case of default of any of the conditions enumerated above, the informant would be free to move an application for cancellation of bail before this Court.
7. The bail application is allowed.
Order Date :- 23.4.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad