Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28498 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Ravindra Sharma, learned counsel for the applicant as well as 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. 155 of 2025, under Sections 191(2), 190, 115(2), 74, 109, 126(2), 351(2), 118(1) B.N.S., Police Station- Alapur, District- Budaun, 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. Although the applicant is named in the FIR, but he has nothing to do with the said offence. The FIR is delayed by about six hours and there is no explanation of the said delay caused.
5. Learned counsel for the applicant has further stated that it is true that eight persons had sustained injuries in the instant case and the injury sustained by one of the said injured persons was found to be grievous in nature, but it is a clear cut case of false implication as three persons from the side of applicant had also sustained injuries. The injuries sustained by three co-accused persons persons do not stand explained by the prosecution.
6. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 29.4.2025 and he is ready to cooperate with trial. In case, the applicant Versus Counsel for Applicant(s) : Ravindra Sharma Counsel for Opposite Party(s) : G.A. Shanu .....Applicant(s) State of U.P. .....Opposite Party(s)
is released on bail, he will not misuse the liberty of bail.
7. Per contra, learned A.G.A. 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 fact that there being no explanation of the injuries sustained by three persons from the side of applicant and the FIR being delayed by about six hours, 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.
9. Let the applicant- Shanu, 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 pressurize/intimidate 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 10, 2025 Vikas Verma BAIL No. 28498 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad