Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 22926 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record. 2. Heard Sri Santosh Kumar Tiwari, learned counsel for the applicant and Sri Arun Kumar Mishra, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 237 of 2025, under Sections 115(2), 109 of BNS, Police Station - Chauri Chaura, District - Gorakhpur, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have caused grievous injuries to one Bhola son of Jai Prakash with axe. The informant Navrang Paswan, is stated to have admitted the injured Bhola in hospital and was coming back whereby the applicant and co-accused person Suraj are stated to have stopped his car and caused injuries to him with axe on 8.5.2025 at about 02:00 PM. 5. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about nine hours and there is no explanation of the said delay caused. 6. Learned counsel has also stated that injuries are simple in nature as no fracture was observed on the body of the injured person. Criminal history of one case assigned to the applicant stands explained. 7. Learned counsel has next contended that the applicant is languishing in jail since 11.05.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 8. Per contra, learned AGA has vehemently opposed the bail application but Versus Counsel for Applicant(s) : Anand Kumar, Nilesh Kumar Dubey, Santosh Kumar Tiwari, Shashi Shekhar Maurya Counsel for Opposite Party(s) : G.A. Ravi Alias Bigadu .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
unable to dispute the submissions raised by the learned counsel for the applicant. 9.
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 fact that the injuries were found simple in nature and the FIR being delayed, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Ravi Alias Bigadu, 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 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. 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 22, 2025 Siddhant BAIL No. 22926 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad