Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 23329 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Ajeet Singh, learned counsel for the applicant, Sri R.P. Patel, learned State Law Officer for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.126 of 2025, under Sections 115(2), 109(1), 76 B.N.S., 2023 and Sections 3/25 Arms Act, Police Station Balua, District Chandauli, during the pendency of trial.
4. As per prosecution story, the applicant and other two co-accused persons are stated to have assaulted the injured person causing injuries to him. There is particular role against the applicant of having fired and caused gunshot injury to the back of the victim and subsequently hit the victim in his head by the butt of the said C.M.P.
5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. There is no gunshot injury sustained by the injured person, although he has stated that the said shot had passed by touching his back. There is no blackening, tattooing and charring are present on the back of the injured person, which falsifies the prosecution story.
6. Learned counsel for the applicant has further argued that the other co- accused persons have been enlarged on anticipatory bail. The criminal Versus Counsel for Applicant(s) : Ajeet Singh, Anil Kumar Yadav, Atma Prakash Singh Counsel for Opposite Party(s) : G.A. Sunil Yadav .....Applicant(s) State of U.P. .....Opposite Party(s)
history of two cases assigned to the applicant stands explained. The applicant is languishing in jail since 26.05.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
7. Learned State Law Officer has vehemently opposed the bail application.
8. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the injury sustained by the injured person, 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- Sunil Yadav, 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. September 19, 2025 (Ravi Kant) BAIL No. 23329 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad