Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 76615 (ALL)

SHIV MAHESH ALIAS NAGESH v. STATE OF U.P.

BAIL/25041/2025 · 2025-09-24

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. - 25041 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Saral Singh, learned counsel for the applicant, Sri R.P. Patel, learned State Law Officer and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 77 of 2025, under Sections 137(2), 87 B.N.S., Police Station - Friends Colony, District- Etawah, 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. The FIR is delayed by about ten days and there is no explanation of the said delay caused. The victim is a consenting party as is but evident from her statement recorded under Section 183 B.N.S.S. She by her looks seems to be major. There is no criminal history of the applicant. The applicant is languishing in jail since 02.04.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 5. Learned State Law Officer has 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 consideration the statement of the victim recorded U/s 183 BNSS and the FIR being delayed by about ten days, 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. Versus Counsel for Applicant(s) : Ajay Pal, Saral Singh Counsel for Opposite Party(s) : G.A. Shiv Mahesh Alias Nagesh .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Let the applicant- Shiv Mahesh Alias Nagesh, 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. 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 25, 2025 sailesh BAIL No. 25041 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad