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2025 DAILYLAW 59165 (ALL)

SAHIL v. STATE OF U.P.

BAIL/16799/2025 · 2025-09-15

Gautam Chowdhary

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 16799 of 2025 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J. 1.List revised. None appears for the informant. 2. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 3. Learned counsel for the applicant submits that the author of the injury is not known however, general role has been assigned to all the accused persons including the applicant. Learned counsel further submits perusal of the statement of the injured also goes to show that general role has been assigned to all the accused persons including the applicant. Learned counsel has drawn attention of this Court to the injury report of the injured, copy which is at page no.45 of the paper book and argued that all injuries are simple in nature except injury no.4, which is hair line fracture. It is thus contended that the applicant has been falsely implicated in the present case due to ulterior motive. Learned counsel next argued that the applicant has no criminal history. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since Versus Counsel for Applicant(s) : Priti Verma, Sharique Ahmed, Siya Ram Verma Counsel for Opposite Party(s) : G.A., Siddarth Jaiswal Sahil .....Applicant(s) State of U.P. .....Opposite Party(s) 05.01.2025. 4. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 5. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail. 6. Let applicant Sahil involved in Case Crime No.06 of 2025 under Sections 352, 351(3), 131,109 of B.N.S., Police Station Chakeri, District Kanpur Nagar, be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 7. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. 8. The bail application is allowed. September 16, 2025 S.Ali BAIL No. 16799 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad