Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27116 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Love Lesh Kumar Verma, learned counsel for the applicant, Sri R.P. Patel, learned State Law Officer for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.293 of 2022, under Sections 308, 323, 504 and 506 I.P.C., Police Station Baberu, District Banda, during the pendency of trial.
4. As per prosecution story, the applicant is stated to have assaulted the informant and caused grievous injuries to him to his cranium on 12.07.2022 at about 9:00 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. The FIR is delayed by more than one month and there is no explanation of the said delay caused. It itself indicates that the family members of the informant were also present at the time of offence, but none of them had cared to institute the FIR, as such, it is a clear-cut case of false implication.
6. Learned counsel for the applicant has further argued that there is no criminal history 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 Versus Counsel for Applicant(s) : Love Lesh Kumar Verma Counsel for Opposite Party(s) : G.A. Ashok Kumar Verma .....Applicant(s) State of U.P. .....Opposite Party(s)
on the ground that the injuries were on vital part of the body and were grievous in nature.
8. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the inordinate delay of more than one month in institution of FIR, 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- Ashok Kumar Verma, 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.
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. September 11, 2025 (Ravi Kant) BAIL No. 27116 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad