Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27621 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Abhishek Kumar Jaiswal, learned counsel for the applicant, Sri Shyam Dhar Maurya, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.724 of 1994, under Section 307 I.P.C. and Section 25 of Arms Act, Police Station Sahibabad, District Ghaziabad, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant has absconded since 17.09.2021 and surrendered before the court on 05.08.2024. He is languishing in jail since 05.08.2024, as such, he is incarcerated for more than one year and no witness has been examined to date.
5. Learned counsel for the applicant has further argued that there is no likelihood of conclusion of trial in near future. There is no criminal history of the applicant. He is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
6. Learned A.G.A. has vehemently opposed the bail application.
7. 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 incarcerated for more than one Versus Counsel for Applicant(s) : Abhishek Kumar Jaiswal, Sandeep Kumar Patel Counsel for Opposite Party(s) : G.A. Chanda @ Rahees .....Applicant(s) State of U.P. .....Opposite Party(s)
year and no witness has been examined to date, 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.
8. Let the applicant- Chanda @ Rahees, 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.
9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
10. 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. 27621 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad