Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:119567 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21438 of 2025 Applicant :- Surya Opposite Party :- State of U.P. Counsel for Applicant :- Rajat Chaudhary,Sunil Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised. Counter affidavit filed today by learned AGA is taken on record.
2. Heard Sri Sunil Kumar Tiwari, learned counsel for the applicant and Sri Ram Mohit Yadav, learned A.G.A. for the State and also perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 058 of 2025, under Sections 109(1) & 118(1) of BNS, Police Station - Sadar Bazar, District - Meerut, during the pendency of trial.
4. 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 more than eight hours and there is no explanation of the said delay caused.
5. Learned counsel has also stated that the statement of the injured person recorded by the Investigating Officer stands falsified from the fact that it is mentioned therein that the medical report of his son may be taken from Jaswant Rai Hospital by him. The said statement could not be made by the injured himself, as such, it is a clear cut case of false implication. There is anomaly in the injury report of the injured person. The injuries were not dangerous to life.
6. Learned counsel has next contended that the applicant is languishing in jail since 25.04.2025, 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.
7. Per contra, learned AGA has vehemently opposed the bail
application but unable to dispute the submissions raised by the
learned counsel for the applicant and also the fact that the applicant has no criminal history.
8. 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 the injuries sustained by the injured person were not dangerous to life, I find it a fit case to release the applicant on bail. The bail application is allowed.
9. Let the applicant- Surya, 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 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.
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.
Order Date:- 22.7.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad