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2025 DAILYLAW 68208 (ALL)

KAMAL KUMAR v. STATE OF U.P.

BAIL/21554/2025 · 2025-09-11

Krishan Pahal

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 21554 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Rejoinder affidavit filed today is taken on record. 3. Heard Sri Om Prakash Mishra, learned counsel for the applicant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.140 of 2025, under Sections 61(2), 318(4) B.N.S., 2023, Section 3/4/5 Medical Termination of Pregnancy Act, 1971, Section 34 National Medical Commission Act and 3(1)/4/5(1)(a)/6(a)/23/25/29 Pre-conception and Prenatal Diagnostic Techniques (Prohibition of Sex Selection Act, 1994), Police Station Wave City, District Ghaziabad, during the pendency of trial. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence under P.N.D.T. Act. The applicant was taking the victim as a pillion rider, but the said role has been wrongly assigned to him. The main accused persons have been given the benefit of Section 41-A Cr.P.C. 6. Learned counsel for the applicant has further argued that there is no criminal history of the applicant. The applicant is languishing in jail since 21.05.2025 and he is ready to cooperate with trial. In case, the applicant is Versus Counsel for Applicant(s) : Mandeep Singh, Om Prakash Mishra, Rahul Shukla, Suraj Mishra Counsel for Opposite Party(s) : G.A. Kamal Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, 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- Kamal Kumar, 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. 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 12, 2025 (Ravi Kant) BAIL No. 21554 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad