Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 16925 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Rishi Yadav, Advocate holding brief of Sri Ajay Kumar Srivastava, learned counsel for the applicant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.630 of 2024, under Sections 137(2), 143(4) B.N.S., Police Station-Baradari, District-Bareilly, during the pendency of trial.
4. This is the second bail applicant. First bail application of the applicant was rejected vide order dated 19.09.2024.
5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. It is argued that informant and other witnesses have not supported the prosecution story during cross- examination, as such, there is no likelihood of conviction in the instant case. Even the informant has refused to identify the applicant. There is no criminal history of the applicant. The applicant is languishing in jail since 02.07.2024 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 A.G.A. 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
consideration the fact that the witnesses have not supported the prosecution Versus Counsel for Applicant(s) : Ajay Kumar Srivastava Counsel for Opposite Party(s) : G.A. Faizan .....Applicant(s) State of U.P. .....Opposite Party(s)
story, and without expressing any opinion on the merits of the case, 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- Faizan, 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 12, 2025 Karan BAIL No. 16925 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad