Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29029 of 2025 Court No. - 65 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard Sri Prem Chand Saroj, learned counsel for the applicant and Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 176 of 2025, under Sections 85, 80(2) of BNS and Section 3/4 of D.P. Act, Police Station Badlapur, District Jaunpur, 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. The FIR is delayed by nine days and there is no explanation of the said delay caused. 5. Learned counsel has next stated that the cause of death has been found to be asphyxia as a result of ante mortem hanging. The applicant is the husband of the deceased person and has nothing to do with the said offence. 6. There is no criminal history of the applicant. The applicant is languishing in jail since 11.05.2025 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 A.G.A. has vehemently opposed the bail application. Versus Counsel for Applicant(s) : Prem Chand Saroj Counsel for Opposite Party(s) : G.A. Karan Nishad .....Applicant(s) State of U.P. .....Opposite Party(s)
8. 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 of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant- Karan Nishad, 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. 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 1, 2025 Sumit S BAIL No. 29029 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad