Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27855 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Learned counsel for the informant is not present.
2. Heard Sri Brijesh Kumar Mishra, 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.122 of 2025, under Sections 115(2), 118(1), 109(1), 352, 351(3) B.N.S., 2023 and 4/25 Arms Act, Police Station Khampar, District Deoria, during the pendency of trial.
4. As per prosecution story, the applicant is stated to have inflicted grievous stab wounds to three persons in all on 12.06.2025.
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 day and there is no explanation of the said delay caused. No time of offence is mentioned in it. The applicant himself sustained several injuries. The injuries sustained by the applicant have not been explained by the prosecution. The said lapse speaks volume of false implication and indicates foul play.
6. Learned counsel for the applicant has further argued that it is true that three persons had sustained injuries in the instant case, but it is a clear-cut case of false implication. There is no criminal history of the applicant. The applicant is languishing in jail since 14.06.2025 and he is ready to cooperate Versus Counsel for Applicant(s) : Brijesh Kumar Mishra Counsel for Opposite Party(s) : Anil Kumar Pandey, G.A., Ramji Shukla Andeep Kumar .....Applicant(s) State of U.P. .....Opposite Party(s)
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.
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 delay of more than one day in institution of FIR and there being no time of offence mentioned and the fact that the applicant himself had sustained injuries which go unexplained, and without expressing any opinion on the merits of the case, prima facie, 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- Andeep Kumar, 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. 27855 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad