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2025 DAILYLAW 69056 (ALL)

VIKASH v. STATE OF U.P.

BAIL/22403/2025 · 2025-09-24

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. - 22403 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Umesh Kumar, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 338 of 2025, under Sections 137(2), 87, 142 B.N.S., Police Station Dakshin, District-Firozabad, during the pendency of trial. 4. Learned counsel for the applicant has stated that the victim has denied knowing the applicant and there is no whisper of a single word in her statement recorded u/s 183 B.N.S.S. The applicant has been falsely implicated in the present case. He has nothing to do with the said offence. The FIR itself is delayed by about two days and there is no explanation of the said delay caused. There is no criminal history of the applicant. The applicant is languishing in jail since 06.05.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 5. Per contra, learned A.G.A. has has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, nature of offence, severity of punishment and also considering the delay in lodging the FIR, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed. 7. Let the applicant- Vikash, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two Versus Counsel for Applicant(s) : Bhawesh Pratap Singh, Durga Lal, Sudhanshu Kumar Singh, Umesh Kumar Counsel for Opposite Party(s) : G.A. Vikash .....Applicant(s) State of U.P. .....Opposite Party(s) 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. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. 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 25, 2025 sailesh BAIL No. 22403 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad