Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 6732 (ALL)

VISHAL SAHANI v. STATE OF U.P.

BAIL/995/2025 · 2025-09-14

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. - 995 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Personal affidavit of S.I. Sri Ravi Prakash Yadav, Presently posted at Police Station Ramgarh Tal filed by learned A.G.A. is taken on record. 3. Heard Sri Karunesh Pratap Singh, learned counsel for the applicant, Ms. Ifrah Islam, learned State Law Officer for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.720 of 2024, under Sections 109, 191(2), 115(2), 126(2), 118(1), 3(5) B.N.S., Police Station Ramgarhtal, District Gorakhpur, during the pendency of trial. 5. As per prosecution story, the applicant alongwith 4-5 other friends is stated to have assaulted the caused stab wounds to the informant and Pradeep on 10.12.2024. 6. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed as it was instituted on 11.12.2024. There is no time of offence mentioned in it, as such, it is a clear-cut case of false implication. Subsequently, the other co-accused persons were also identified and the injured persons have allayed general and omnibus allegations against all the accused persons including the applicant. Versus Counsel for Applicant(s) : Bhagwan Dutt Pandey, Hari Narayan Singh, Karunesh Pratap Singh, Vineet Kumar Singh, Vrajendra Kumar Counsel for Opposite Party(s) : G.A. Vishal Sahani .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Learned counsel for the applicant has further argued that there is no criminal history of the applicant. The applicant is languishing in jail since 13.12.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned State Law Officer has vehemently opposed the bail application. 9. 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 no time of offence is mentioned in the FIR and there being general and omnibus allegations against all the accused persons, 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. 10. Let the applicant- Vishal Sahani, 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. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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 (Ravi Kant) BAIL No. 995 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad