Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28647 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Raghvendra Prakash, 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.0150 of 2025, under Sections 190, 191(2), 109(1), 352, 118(1) B.N.S., Police Station-Kiratpur, District-Bijnor, during the pendency of trial.
4. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The case of the applicant is at par with the co-accused person Akram although the only disparity is that only he is assigned the role of having stabbed the injured person-Saran with knife. The said injury was found simple in nature as it was not found deep enough to prove dangerous to life. It is further argued that FIR itself is ante timed. Before institution of FIR the injured persons were admitted in hospital and brought by Home Guard-Raghunath Singh. Criminal history of one case stands explained. The applicant is languishing in jail since 08.06.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
5. Learned State Law Officer has vehemently opposed the bail application.
6. 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 injuries were found simple in nature, and Versus Counsel for Applicant(s) : Gaurav Kakkar, Raghvendra Prakash Counsel for Opposite Party(s) : G.A. Shahbaz .....Applicant(s) State of U.P. .....Opposite Party(s)
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.
7. Let the applicant- Shahbaz, 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.
8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
9. 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 Karan BAIL No. 28647 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad