Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27816 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard Sri Prakhar Saran Srivastava, learned counsel for the applicants and Sri Sunil Kumar, learned A.G.A. for the State and perused the record. 3. Applicants seek bail in Case Crime No. 192 of 2025, under Sections 109(1), 115(2), 351(3) of BNS, Police Station Bairia, District Ballia, during the pendency of trial. 4. Learned counsel for the applicants has argued that the applicants are absolutely innocent and have been falsely implicated in the present case. They have nothing to do with the said offence. 5. Learned counsel has next stated that the role of assaulting the injured with knife has been assigned to co-accused Amit Shah and Deepak Shah. The applicants have not been assigned any role of assault by the injured person, as such case of the applicants stands distinguished to the main accused Amit Shah. 6. There is no criminal history of the applicants. The applicants are languishing in jail since 17.05.2025 and they are ready to cooperate with trial. In case, the applicants are released on bail, they shall not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application. Versus Counsel for Applicant(s) : Prakhar Saran Srivastava, Shashi Bhushan Kunwar Counsel for Opposite Party(s) : G.A. Santosh Shah And Another .....Applicant(s) State of U.P. .....Opposite Party(s)
8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed. 9. Let the applicants - Santosh Shah and Bacha Lal Shah, who are involved in aforementioned case crime be released on bail on their 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 applicants shall not tamper with the evidence during trial. ii) The applicants shall not pressurise/intimidate with the prosecution witnesses. iii) The applicants 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. September 11, 2025 Sumit S BAIL No. 27816 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad