Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 13530 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard Sri Deepak Kumar, learned counsel for the applicant and Sri Amit Kumar, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 1164 of 2024, under Sections 352, 115(2), 351(2), 117(2), 109(1) of BNS, Police Station - Kotwali City, District - Bijnor, 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 alleged in the FIR. The FIR is delayed by about eight days and there is no explanation of the said delay caused. 5. Learned counsel has also stated that although the injuries were to be grievous in nature but the applicant has been falsely implicated in the case as it was a case of sudden and grave provocation. Parties are stated to have entered into a brawl after being drunk. 6. Learned counsel has next contended that the applicant is languishing in jail since 17.03.2025, 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. 7. Per contra, learned State Law Officer has vehemently opposed the bail Versus Counsel for Applicant(s) : Deepak Kumar, Saurabh Tripathi, Shantanu Srivastava Counsel for Opposite Party(s) : G.A. Iqram .....Applicant(s) State of U.P. .....Opposite Party(s)
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 delay in lodging the FIR, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed. 9. Let the applicant- Iqram, 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 15, 2025 Siddhant BAIL No. 13530 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad