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2025 DAILYLAW 50496 (ALL)

PRINCE v. STATE OF U.P.

BAIL/14119/2025 · 2025-09-17

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 14119 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Supplementary affidavit filed today is taken on record. 3. Heard Sri Anil Kumar Pathak, learned counsel for the applicant, Sri Ram Mohit Yadav, learned State Law Officer for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.66 of 2025, under Sections 110, 3(5) B.N.S., Police Station-Deogaon, District-Azamgarh, during the pendency of trial. 5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. As per the statement of the injured person recorded under Section 180 BNSS, the role assigned to the applicant is only of slapping the injured while the co-accused person Aryan is stated to have assaulted the injured with a steel rod. Only general role of assault has been assigned to the applicant. There is no criminal history of the applicant. The case of the applicant is at a different footing to the main accused person Naveen. The applicant is languishing in jail since 24.02.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned State Law Officer has vehemently opposed the bail application. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into Versus Counsel for Applicant(s) : Anil Kumar Pathak, Chandra Pratap Singh Counsel for Opposite Party(s) : G.A. Prince .....Applicant(s) State of U.P. .....Opposite Party(s) consideration the fact that only general role of assault has been assigned to the accused person, 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. 8. Let the applicant- Prince, 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 pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. 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 18, 2025 Karan BAIL No. 14119 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad