Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24002 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard Sri Shiv Naresh, learned counsel for the applicant and Sri Rajendra Prasad Singh, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 045 of 2025, under Sections 109, 110, 115(2), 352 of BNS, Police Station - Kotwali City, District - Mirzapur, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have hit the injured person with hammer, causing grievous injuries on 19.03.2025 at about 09:00 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 six hours and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the allegations are per se false. The injuries are not on vital part of the injured person, although fracture was observed in his cranium but the applicant has been falsely implicated in the case. There was no source of light mentioned mentioned in the FIR. 7. Learned counsel has next contended that there is no previous criminal history of the applicant except a case of Arms Act which was foisted on him Versus Counsel for Applicant(s) : Arti Bhatt, Sakshi Patel, Shailesh Pandey, Shiv Naresh Counsel for Opposite Party(s) : G.A. Sandeep Pal .....Applicant(s) State of U.P. .....Opposite Party(s)
subsequent to the instant case and the applicant is on bail in the said case. The applicant is languishing in jail since 05.05.2025. 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 State Law Officer has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no previous criminal history. 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 delay in lodging the FIR, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Sandeep Pal, 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. 24002 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad