Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25291 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Awaneesha Kumar, learned counsel for the applicant, Sri Rajendra Prasad Singh, learned State Law Officer and perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 13 of 2014, under Sections 147, 148, 336, 436, 427, 504, 506, 323, 332, 353 I.P.C., Section 7 of C.L.A. Act, Section 3/4 of Prevention of Damage to Public Property Act, Police Station Sirsaganj, 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. The applicant is not named in the FIR. The name of the applicant has come up later on in the statement of co-accused persons, which has no evidentiary value in the eyes of law. He has nothing to do with the said offence as alleged in the FIR.
5. Learned counsel for the applicant has further argued that there is no criminal history of the applicant. The applicant is languishing in jail since 02.06.2025 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 State Law Officer has vehemently opposed the bail application. Versus Counsel for Applicant(s) : Awaneesha Kumar, Mahesh Kumar Sahani, Narendra Singh Counsel for Opposite Party(s) : G.A. Rakesh Kumar .....Applicant(s) State of U.P. .....Opposite Party(s)
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 the applicant is not named in the FIR, he 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- Rakesh 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 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. 25291 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad