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2025 DAILYLAW 76430 (ALL)

BHAWANI SHANKAR VAISHNAV ALIAS PIYUSH v. STATE OF U.P.

BAIL/25405/2025 · 2025-09-21

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25405 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Ram Kumar Pal, learned Advocate holding brief of Sri Vinay Kumar, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 61 of 2025, under Sections 137(2), 87 of BNS, Police Station Nagla Singhi, District Firozabad, during the pendency of trial. 4. 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 allegation levelled by the victim against the applicant in her statement recorded under Section 183 BNSS. The victim by her looks seems to be major although she is aged about 15 years old. 5. Learned counsel for the applicant has further argued that the applicant is having no criminal history. The applicant is languishing in jail since 17.06.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 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 there is no allegation levelled by the victim Versus Counsel for Applicant(s) : Vinay Kumar Counsel for Opposite Party(s) : G.A. Bhawani Shankar Vaishnav Alias Piyush .....Applicant(s) State of U.P. .....Opposite Party(s) against the applicant in her statement recorded under Section 183 BNSS, the applicant is having no criminal history 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. 8. Let the applicant- Bhawani Shankar Vaishnay Alias Piyush 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. 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 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 #Vik/- BAIL No. 25405 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad