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2025 DAILYLAW 68412 (ALL)

AMAN BHARTI URF ARYAN v. STATE OF U.P.

BAIL/21705/2025 · 2025-09-11

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. - 21705 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Rajesh Kumar Singh, learned counsel for the applicant, Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.286 of 2024, under Section 109 B.N.S. and 4/25 Arms Act, Police Station Kotwali, District Kanpur Nagar, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have taken Rs.50,000/- from the the victim and when she asked him to return it, the applicant had assaulted her and caused stab wounds to her on 27.12.2024. 5. 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 by more than one day and there is no explanation of the said delay caused. There is no time of offence mentioned in it. The injury sustained by the victim are not on the vital part of the body except injury no.1, but the said injury may be self inflicted as the victim was pressurizing the applicant to marry her and the applicant was avoiding it. 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 29.12.2024 and he is ready to cooperate with trial. In case, the applicant is Versus Counsel for Applicant(s) : Mahfooz Ahmad, Rajesh Kumar Singh Counsel for Opposite Party(s) : G.A. Aman Bharti Urf Aryan .....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, taking into consideration the delay in institution of FIR and there being no time of offence mentioned in it, 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- Aman Bharti Urf Aryan, 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. 21705 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad