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2025 DAILYLAW 76510 (ALL)

A. THOHRII v. STATE OF U.P. AND ANOTHER

BAIL/26188/2025 · 2025-09-10

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. - 26188 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Ashutosh Mishra, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 43 of 2023, under Sections 420, 467, 468, 471, 34 of IPC and Section 66D of I.T. Act, Police Station Awagarh, District Etah, 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. He has nothing to do with the said offence. The FIR is delayed by one month and there is no explanation of the said delay caused. 5. Learned counsel has next stated that the applicant is the resident of Manipur and his I.D. was used by his employers, as such he has nothing to do with the said offence. It is true that the said amount is stated to have been transferred to his account but he had no knowledge of any amount being transferred to his account, as such applicant is entitled for bail. 6. There is no criminal history of the applicant. The applicant is languishing in jail since 25.02.2024 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 A.G.A. has vehemently opposed the bail application. Versus Counsel for Applicant(s) : Ashutosh Mishra, Zain Abbas Counsel for Opposite Party(s) : G.A. A. Thohrii .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and taking into consideration the delay in institution of the FIR, 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- A. Thohrii, 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 the 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 11, 2025 Sumit S BAIL No. 26188 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad