MAHESH SINGH ALIAS GILTU AND ANOTHER v. STATE OF U.P.
BAIL/25640/2025 · 2025-09-08
Krishan Pahal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 76009 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 76009 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25640 of 2025 Court No. - 65 HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Shashi Kant Shukla, learned counsel for the applicants, Sri Ritesh Kumar Shukla, Advocate holding brief of Sri G.S. Pandey, learned counsel for the informant as well as 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.32 of 2025, under Sections 103(1), 61(2) B.N.S., Police Station Tindwari, District Banda, during the pendency of trial.
4. Learned counsel for the applicants has stated that the applicants have been falsely implicated in the present case. The applicants are not named in the FIR. The applicants have simply been made an accused on account of them being the father and family member of the main accused person. The statement of witnesses have been roped in subsequently after a delay of about 40 days from the date of incident. It is further argued that a case of criminal conspiracy has been foisted upon the applicants. There are no criminal history of the applicants. The applicants are languishing in jail since 23.05.2025 and they are ready to cooperate with trial. In case, the applicants are released on bail, they will not misuse the liberty of bail.
5. Learned counsel for the informant as well as learned A.G.A. have vehemently opposed the bail application.
6. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into Versus Counsel for Applicant(s) : Shashi Kant Shukla Counsel for Opposite Party(s) : G.A. Mahesh Singh Alias Giltu And Another .....Applicant(s) State of U.P. .....Opposite Party(s)
consideration the fact that the applicants were not named in the FIR and name of the applicants surfaced after 40 days of the said incident that too in the statement of witnesses, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
7. Let the applicant- Mahesh Singh Alias Giltu and Mukesh Singh @ Bhujbal, 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 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.
8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
9. 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 9, 2025 Karan BAIL No. 25640 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad