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2025 DAILYLAW 69198 (ALL)

MONU PANDIT ALIAS TIGER v. STATE OF U.P.

BAIL/22544/2025 · 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. - 22544 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Vimal Kumar, Advocate holding brief of Sri Ram Shiromani Yadav, 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. 161 of 2025, under Sections 308(4), 109(1), 115(2), 352, 351(3), 191(2), 191(3), 190, 118(1), 3(5) of B.N.S. and Sections 3/25/27 of Arms Act, Police Station - Bahjoi, District - Sambhal, during the pendency of trial. 4. As per prosecution story, the applicant and other co-accused persons are said to have assaulted and caused injuries to the informant by reaching at the petrol pump, where he was working as a Salesman, on 04.05.2025 at about 06:00 P.M. 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 and there is no explanation of the said delay caused. The injuries sustained by the injured are simple in nature. The allegations have deliberately been escalated to that of firing on the injured person which did not hit him. Criminal history of five cases assigned to the applicant stands explained. The applicant is languishing in jail since 09.05.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. Versus Counsel for Applicant(s) : Pratibha Vohra, Rajesh Bohra, Ram Shiromani Yadav Counsel for Opposite Party(s) : G.A. Monu Pandit Alias Tiger .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Learned A.G.A. has vehemently opposed the bail application. 8. 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. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, the FIR being delayed and also considering the injuries sustained by the injured being simple in nature, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 10. Let the applicant- Monu Pandit Alias Tiger, 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. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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. 22544 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad