Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 17087 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri S.P.S. Chauhan, learned counsel for the applicant, Sri Sushil Kumar Shukla, learned State Law Officer for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.54 of 2020, under Sections 147, 148, 149, 307 I.P.C., Police Station- Civil Lines, District- Aligarh, during the pendency of trial.
4. This is the third bail application on behalf of the applicant. The second bail application was rejected by the Co-ordinate Bench of this Court vide
order dated 30.4.2025 for want of prosecution.
5. Learned counsel for the applicant has argued that the applicant was enlarged on bail in the instant case by the trial court vide order dated
3.4.2023. He could not appear before the court concerned and non-bailable warrant was issued against him on 26.9.2023, as such, the applicant had surrendered before the court concerned on 4.10.2023 itself and is languishing in jail since then, as such, the period of incarceration is for about two years. The criminal history assigned to the applicant has been explained. He is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
6. Per contra, learned State Law Officer has vehemently opposed the bail Versus Counsel for Applicant(s) : S.P.S. Chauhan, Smt. Meenakshi Chauhan Counsel for Opposite Party(s) : G.A. Akram @ Tippa .....Applicant(s) State of U.P. .....Opposite Party(s)
application.
7. The Supreme Court in Prabhakar Tewari Vs. State of U.P. and another, 2020 (11) SCC 648 has observed that pendency of several criminal cases against an accused itself cannot be a basis for refusal of bail, if otherwise his case of bail is made out.
8. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, pending trial 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.
9. Let the applicant- Akram @ Tippa, 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.
10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
11. 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 22, 2025 Vikas Verma BAIL No. 17087 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad