Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:129570 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26480 of 2025 Applicant :- Dhruv Kumar Srivastava Opposite Party :- State of U.P. Counsel for Applicant :- Prakhar Srivastava,Veena Devi Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri D.S. Pandey, holding brief of Sri Prakhar Srivastava,
learned counsel for the applicant and Sri Amit Kumar, learned State Law Officer for the State and perused the record.
3. Applicant seeks bail in Case Crime No.104 of 2025, under Sections 191(2), 115(2), 352, 126(2), 281, 109 of BNS, Police Station Salempur, District Deoria, during the pendency of trial.
4. It is alleged in the FIR that the co-accused persons Piyush and Nikhil are stated to have hit the vehicle of the informant from back and subsequently the applicant and other co-accused persons also rushed there and assaulted the informant Rehan Siddiqui and Shan Hashmi thereby causing injuries on 16.03.2025 at about 3:30 p.m.
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 as alleged in the FIR. The FIR is delayed by about 22 hours and there is no explanation of the said delay caused.
6. Learned counsel has further stated that the injuries sustained by the injured persons are simple in nature. There is no X-ray to indicate that the injuries were grievous.
7. There is no criminal history of the applicant. The applicant is languishing in jail since 20.06.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
8. Per contra, learned State Law Officer has vehemently opposed
the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history.
9. Considering the facts and circumstances of the case,
submissions made by learned counsel for the parties and taking into consideration the delay in institution of the FIR coupled by the fact that all the injuries are simple in nature, I find it a fit case to release the applicant on bail. The bail application is allowed.
10. Let the applicant- Dhruv Kumar Srivastava, 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.
11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
12. 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 :- 1.8.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad