Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 15746 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record. 2. Heard Sri Gaurav Kakkar, learned counsel for the applicant and Sri N.S. Chahar, learned counsel for the informant as well as Sri Arun Kumar Mishra, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 56 of 2025, under Sections 109, 115(2), 352, 351(2) of BNS, Police Station - Chola, District - Bulandshahr, during the pendency of trial. 4. As per prosecution story, the applicant along with three other co- accused persons is stated to have assaulted the informant and three other persons, causing injuries to them on 18.03.2025 at about 05:30 AM. 5. 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 14 hours and there is no explanation of the said delay caused. 6. Learned counsel has also stated that it is true that four persons had sustained injuries from the informant's side and one of them has sustained Versus Counsel for Applicant(s) : Gaurav Kakkar, Raghvendra Prakash, Rakesh Kumar Maurya, Shivam Tiwari Counsel for Opposite Party(s) : Narendra Singh Chahar, G.A., Rahul Singh Dahiya Sumit Alias Sonu .....Applicant(s) State of U.P. .....Opposite Party(s)
grievous injuries thereby lost his one eye sight. 7. Learned counsel has further stated that there is a cross-version to the instant case i.e. FIR No. 57 of 2025 from the applicant's side as four persons have sustained injuries from that side also, as such, it cannot be ascertained as to which party was the aggressor one. 8. Learned counsel has next contended that there are general and omnibus allegations against all the accused persons including the applicant. The applicant is languishing in jail since 08.04.2025, 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. 9.
Per contra, learned AGA and learned counsel for the informant have vehemently opposed the bail application on the ground that the injuries sustained by the injured persons from applicant's side have been manufactured and there is permanent disability caused to the injured person as he has lost his eye sight from one eye. 10. Learned counsel for the informant has further argued that two persons from the applicant's side are still absconding, as such, he is not entitled for bail. 11. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, delay in lodging the FIR and also considering the fact that four persons from each side have sustained injuries and there being a cross-version, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed. 12. Let the applicant- Sumit Alias Sonu, 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 tfhe 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. BAIL No. 15746 of 2025 2
13. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 14. 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. 15746 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad