Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:125504 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25884 of 2025 Applicant :- Lal Ji Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Kumar,Sanjay Counsel for Opposite Party :- G.A.,Tarun Kedar Nath Singh,Umesh Singh Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Sanjay, learned counsel for the applicant, Sri Umesh Singh, learned counsel for the informant, Ms. Ifra Islam, learned State Law Officer for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 111 of 2025, under Sections 190, 191(2), 191(3), 115(2), 352, 351(2), 74, 109(1) BNS, Police Station- Sarai Mamrej, District- Prayagraj, during the pendency of trial.
4. As per prosecution story, the applicant and other co-accused persons are stated to have barged into the house of the informant in the night of 30.05.2025 at about 11:30 PM and had caused grievous injuries to Shubham, Nandlal and Raju.
5. 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 about seven days and there is no explanation of the said delay caused. The injuries are simple in nature although one Raju has sustained fracture in his nasal bone but the said injury is not on vital part of the body. There are general and omnibus allegations against all the accused persons.
6. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 10.07.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
7. Learned State Law Officer has vehemently opposed the bail application.
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 FIR and there being general and omnibus allegations against all the accused persons 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.
9. Let the applicant- Lal Ji, 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 pressurize/intimidate 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.
Order Date :- 29.7.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad