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2025 DAILYLAW 70945 (ALL)

IMRANA v. STATE OF U.P.

BAIL/23720/2025 · 2025-09-18

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 23720 of 2025 And CRIMINAL MISC. BAIL APPLICATION No. - 24708 of 2025 And CRIMINAL MISC. BAIL APPLICATION No. - 25716 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Amit Daga, learned counsel for the applicants, Sri V.K.S. Versus Counsel for Applicant(s) : Amit Daga, Prateek Pandey Counsel for Opposite Party(s) : G.A., Jay Singh Yadav Versus Counsel for Applicant(s) : Amit Daga, Prateek Pandey Counsel for Opposite Party(s) : G.A., Jay Singh Yadav Versus Counsel for Applicant(s) : Amit Daga, Prateek Pandey Counsel for Opposite Party(s) : G.A., Jay Singh Yadav Imrana .....Applicant(s) State of U.P. .....Opposite Party(s) Sonu .....Applicant(s) State of U.P. .....Opposite Party(s) Arzoo .....Applicant(s) State of U.P. .....Opposite Party(s) Parmar, learned A.G.A. for the State and perused the material placed on record. 3. Applicants seek bail in Case Crime No.114 of 2025, under Sections 191(2), 191(3), 190, 115(2), 109, 351(2) B.N.S., Police Station Nai Mandi, District-Mukzaffarnagar, during the pendency of trial. 4. As per prosecution story, the applicants along with other accused persons, namely, Jameel and Inam are stated to have assaulted and caused injuries with iron rod and sharp edged weapon and Fawda to informant and his father on 07.03.2025 at about 10:00 PM. 5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The FIR is delayed by about 18 hours and there is no explanation to the said delay caused. There are general and omnibus allegations of assault against all the accused persons. Only two injuries sustained by the informant were found grievous in nature although they were fractures of arm and leg. It is true that the father of the informant had also sustained fractures on his body but none of the said body parts were vital organs of the body which could be dangerous to life. It is not a case of attempt to murder. The criminal history is regarding the same parties, there is no other criminal antecedent of the applicants. The applicants are languishing in jail since 09.03.2025 and they are ready to cooperate with trial. In case, the applicants are released on bail, they will not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that the FIR is delayed by about 18 hours coupled with the fact that the injuries are not on the vital parts of the body, and without expressing any opinion on the merits of the case, prima facie, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed. 8. Let the applicants-Imrana, Sonu and Arzoo, who are involved in aforementioned case crime be released on bail on their 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 BAIL No. 23720 of 2025 2 order, the sureties be verified. (i) The applicants shall not tamper with evidence during trial. (ii) The applicants shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicants shall appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is made clear that observations made in granting bail to the applicants 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 Karan BAIL No. 23720 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad