Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24807 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard Sri Rajan Tripathi, Advocate holding brief of Sri Akhilesh Kumar Shukla, learned counsel for the applicant and Sri V.K.S. Parmar, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 172 of 2025, under Section 109(1) of BNS, Police Station - Sasani, District - Hathras, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have assaulted his wife with sharp edged weapon on 24.04.2025 at about 03:00 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 10 hours and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the allegations are per se false. It is mentioned by the victim in her statement that the applicant had assaulted her with a pointed weapon and not by a sharp edged weapon. The injury sustained by the victim was not found dangerous to life although it was grievous. Versus Counsel for Applicant(s) : Akhilesh Kumar Shukla Counsel for Opposite Party(s) : G.A. Vishnu Kumar .....Applicant(s) State of U.P. .....Opposite Party(s)
7. Learned counsel has next contended that the applicant is languishing in jail since 04.05.2025, having no criminal history to his credit. 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 unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, nature of offence, period of incarceration 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- Vishnu Kumar, 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 tfhe 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 15, 2025 Siddhant BAIL No. 24807 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad