Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:40910 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1143 of 2025 Applicant :- Pranav Saxena @ Shambhoo Opposite Party :- State of U.P. Counsel for Applicant :- Awadhesh Kumar Srivastava Counsel for Opposite Party :- Ashish Kumar,G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 855 of 2023, registered under Sections 307, 323, 341, 393, 325 I.P.C., Police Station Baradari, District Bareilly, during pendency of the trial.
3. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Instant FIR has been lodged with malicious intention. Informant is counsel dealing with domestic cases. As per medical examination report, injuries sustained by injured, are simple in nature. General role has been assigned to the accused persons for assaulting injured and no specific role has been assigned to the applicant. Applicant is not named in the FIR. The applicant is languishing in jail since 08.11.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.
4. Learned counsel for the informant has opposed the bail prayer of the applicant and submitted that applicant has been identified by the informant and informant has received grievous injuries as his left shoulder got fractured. In support of his contention, he has placed reliance over judgment of Hon'ble Apex Court passed in the case of The State of MP Vs. Kanha @ Omprakash, (Criminal Appeal No.1589 of 2018), Shoyeb Raja Vs. State of MP and others, (Criminal Appeal No.3327 of 2024) and State of MP Vs. Harjeet Singh and another, (Criminal Appeal No.1190 of 2009).
5. Considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties, it is apparent that informant is counsel and in various cases in respect of husband and wife dispute and doing pairvi in respect of domestic violence from husband side. Applicant is not named in the FIR and without going
into the merits of the case, considering the jail period of the applicant and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
6. Let the applicant, Pranav Saxena @ Shambhoo, who is involved in the aforesaid 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 the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. ii. The applicant shall cooperate in the trial sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 20.3.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad