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2025 DAILYLAW 82876 (ALL)

KISHAN v. STATE OF U.P.

BAIL/27002/2025 · 2025-09-25

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. - 27002 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard Ms. Akansha Srivastava, learned counsel for the applicant, Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 406/1996, under Section 307 I.P.C. (S.T. No. 1205A/2009), P.S.- Naini, District- Prayagraj, during the pendency of trial. 4. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case and it is a no injury case. The applicant was granted bail by the trial court on 19.07.1996. Thereafter, he could not appear before the court concerned and non-bailable warrant has been issued against the applicant on 07.05.2010. There is no criminal history of the applicant. The applicant is languishing in jail since 13.05.2025 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 A.G.A. 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 and without expressing any opinion on the merits of the case, Versus Counsel for Applicant(s) : Akanksha Srivastava, Quazi Mohammad Akaram, Ziauddin Farooqui Counsel for Opposite Party(s) : G.A. Kishan .....Applicant(s) State of U.P. .....Opposite Party(s) 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- Kishan, 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 26, 2025 Sharad/- BAIL No. 27002 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad