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2025 DAILYLAW 50938 (ALL)

MUNNA AND ANOTHER v. STATE OF U.P.

BAIL/15157/2025 · 2025-09-17

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 15157 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Dhanraj Singh Yadav, learned counsel for the applicant, Sri Yogesh Mishra, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.48 of 2024, under Sections 323, 325, 308, 506 I.P.C., Police Station-Marka, District-Banda, during the pendency of trial. 4. As per prosecution story, the applicants along with one Kuber are alleged to have assaulted and caused injuries to the father of the informant when he had gone to sleep in the night of 25.03.2024 at about 10:00 PM. 5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The FIR is delayed by about 15 hours and there is no explanation to the said delay caused. There are general and omnibus allegations of assault against all the three accused persons. 6. Learned counsel for the applicant further submits that there is no particular role assigned to the present applicants. It is further argued that injuries were grievous in nature but not dangerous to life. There is no criminal history of the applicant. The applicant is languishing in jail since 19.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned State Law Officer has vehemently opposed the bail application. Versus Counsel for Applicant(s) : Dhanraj Singh Yadav, Ranjeet Singh Counsel for Opposite Party(s) : G.A. Munna And Another .....Applicant(s) State of U.P. .....Opposite Party(s) 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 delay in institution of FIR and there are general and omnibus allegations against all the accused persons, 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- Munna and Gaulal @ Gauulal Yadav, 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. 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 18, 2025 Karan BAIL No. 15157 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad