Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27839 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard Sri Phool Singh Yadav, learned counsel for the applicant and Sri R.P. Patel, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 235 of 2025, under Sections 3(5), 140(1), 309(4), 115(2), 351(3), 127(7) and 317 (2) of BNS and Section 3/25 of Arms Act, Police Station Colonelganj, District Prayagraj, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. 5. Learned counsel has next stated that the allegations are per se false. The FIR is delayed by about one day and there is no explanation of the said delay caused. There is no recovery of any material from the applicant. Even the allegations are vague. There is no question of demand of ransom and no money has been transferred to the applicant. 6. The criminal history assigned to the applicant has been explained. The applicant is languishing in jail since 21.07.2025 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 Versus Counsel for Applicant(s) : Phool Singh Yadav, Vaibhav Yadav Counsel for Opposite Party(s) : G.A. Himanshu Kumar Singh @ Utkarsh .....Applicant(s) State of U.P. .....Opposite Party(s)
application. 8. In the case of Prabhakar Tewari Vs. State of U.P. and another, (2020) 11 SCC 648, the Supreme Court has observed that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and taking into consideration the delay in institution of the FIR, the Court is, prima facie, of the view that the applicant has made out a case for bail. The bail application is allowed. 10.
Let the applicant- Himanshu Kumar Singh @ Utkarsh, 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 the 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. 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. 27839 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad