Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 14530 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Rejoinder affidavit filed by learned counsel for the applicant is taken on record.
2. Heard Sri Amrendra Pratap Singh, learned Senior Advocate assisted by Sri Saurya Sharma, learned counsel for the applicant as well as Sri Varun Pratap Singh, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.80 of 2025, under Sections 109, 238 B.N.S. and 4/25 Arms Act, Police Station- Knowledge Park, District- Gautam Budh Nagar, during the pendency of trial.
4. As per prosecution story, the applicant is stated to have caused stab wound to the brother of the informant Pravesh Kumar on 4.4.2025.
5. Learned Senior counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The FIR is delayed by about three days and there is no explanation of the said delay caused.
6. Learned Senior counsel for the applicant has further stated that even the time of offence is not mentioned in the FIR. There is no injury sustained by the injured person which may not have been caused by a knife as the injury is not a stab wound rather it is lacerated, as such, it is a clear cut case of false implication. Versus Counsel for Applicant(s) : Shad Azam Counsel for Opposite Party(s) : G.A. Brijesh Kumar .....Applicant(s) State of U.P. .....Opposite Party(s)
7. It is further argued by learned Senior counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 10.4.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
8. Per contra, learned A.G.A. has vehemently opposed the bail application.
9. 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 of three days in institution of FIR and the injuries sustained by the injured 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.
10. Let the applicant- Brijesh Kumar, 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.
11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
12. 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. 14530 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad