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2025 DAILYLAW 78708 (ALL)

VISHAL v. STATE OF U.P.

BAIL/25862/2025 · 2025-09-09

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. - 25862 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Atul Verma, Advocate holding brief of Sri Akash Tomar, learned counsel for the applicant, Ms. Ifrah Islam, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.298 of 2025, under Sections 309(4), 317(2) B.N.S., 2023 and Section 4/25 Arms Act, Police Station Sardhana, District Meerut, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is not named in the FIR and has been falsely implicated in the present case. The recovery of the said motorcycle no.UP 15DK 2652 has been falsely foisted on him. There is no test identification paraded conducted as per Section 7 of Bharatiya Sakshya Adhiniyam. There is no criminal history of the applicant. The applicant is languishing in jail since 22.05.2025 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 fact that the applicant is not named in the FIR and there is no test identification parade conducted as per Section 7 of Bharatiya Versus Counsel for Applicant(s) : Akash Tomar Counsel for Opposite Party(s) : G.A. Vishal .....Applicant(s) State of U.P. .....Opposite Party(s) Sakshya Adhiniyam, 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- Vishal, 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 10, 2025 (Ravi Kant) BAIL No. 25862 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad