Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 22454 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Supplementary affidavit filed today is taken on record. 3. Heard Sri Abhay Krishna Singh, learned counsel for the applicant and Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the record. 4. Applicant seeks bail in Case Crime No. 469 of 2024, under Section 109 B.N.S. and Section 3/4/25 Arms Act,, Police Station Kotwali Dehat, District Bulandshahr, 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. It is a police party firing no injury case. No recovery has been made from the applicant. The criminal history of 17 cases assigned to the applicant has been explained. The applicant is languishing in jail since 11.08.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application. 7. The Supreme Court in Prabhakar Tewari vs. State of U.P. And Another, (2020) 11 SCC 648 has observed that pendency of several criminal cases against an accused itself cannot be a basis for refusal of bail, if otherwise his case for bail is made out. Versus Counsel for Applicant(s) : Abhay Krishna Singh Counsel for Opposite Party(s) : G.A. Nishad Alias Cheepa .....Applicant(s) State of U.P. .....Opposite Party(s)
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-Nishad Alias Cheepa, 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. (Krishan Pahal,J.) September 25, 2025 sailesh BAIL No. 22454 of 2025 2
Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad