Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 56046 (ALL)

MONU ALIAS SAHIL v. STATE OF U.P.

BAIL/15860/2025 · 2025-09-11

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 15860 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Yakub Ali, 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.28 of 2025, under Sections 137(2), 281, 106, 87 and 3(5) B.N.S., Police Station-Modinagar, District-Ghaziabad, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have committed an accident while driving his motorcycle in a rash and negligent way causing death of sister-in-law of the informant on 15.12.2024 at about 07:00 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 two days and there is no explanation to the said delay caused. Subsequently, the case was transferred to the jurisdiction of Police Station-Modinagar, Ghaziabad from Police Station-Niwadi, Ghaziabad. A case of accidental injury has been converted into attempt to commit culpable homicide after legal consultation. The victim had gone with the applicant out of her own sweet will. There is no criminal history of the applicant. The applicant is languishing in jail since 12.01.2025 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 A.G.A. has vehemently opposed the bail application. Versus Counsel for Applicant(s) : Mohd Hamid, Yakub Ali Counsel for Opposite Party(s) : G.A. Monu Alias Sahil .....Applicant(s) State of U.P. .....Opposite Party(s) 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 delay in institution of FIR 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- Monu Alias Sahil, 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. 15860 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad