Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28310 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Rajendra Kumar Srivastava, learned counsel for the applicant as well as Sri Pranshu Kumar, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.285 of 2025, under Sections 110, 115(2), 352, 351(2), 118(2), 126(2) B.N.S., Police Station- Shikohabad, District- Firozabad, during the pendency of trial.
4. As per prosecution story, the applicant alongwith four other accused persons is stated to have caused injuries to the informant and her husband by bricks and stones on 28.4.2025 at about 05:00 p.m.
5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. She has nothing to do with the said offence. The FIR is delayed by about nine days and there is no explanation of the said delay caused.
6. Learned counsel for the applicant has further stated that the informant had sustained only one injury, which was not found to be dangerous to life. It is true that husband of the informant had sustained eight injuries in all of which six are lacerated wounds and two are contusions. The applicant has simply been made an accused being the sister of main accused persons Satyabhan and Vijay Pal. Versus Counsel for Applicant(s) : Rajendra Kumar Srivastava, Siddharth Srivastava Counsel for Opposite Party(s) : G.A. Sarna .....Applicant(s) State of U.P. .....Opposite Party(s)
7. It is further argued by learned counsel for the applicant that there are general and omnibus allegations against all the accused persons. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 28.6.2025 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail.
8. Per contra, learned A.G.A. has vehemently opposed the bail application.
9. 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 nine days in institution of FIR and the fact that no particular role has been assigned to any accused person whatsoever and there being general and omnibus allegations against them, 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.
10. Let the applicant- Sarna, who is involved in aforementioned case crime be released on bail on her 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.
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 16, 2025 Vikas Verma BAIL No. 28310 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad