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2025 DAILYLAW 87842 (ALL)

ANIL SAVITA @ ANIL KUMAR v. STATE OF U.P.

BAIL/28683/2025 · 2025-08-20

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:144121 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28683 of 2025 Applicant :- Anil Savita @ Anil Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Devendra Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Devendra Singh, 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.222 of 2024, under Sections 103(1), 123 B.N.S., Police Station Asothar, District Fatehpur, 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 FIR is delayed by about three months without any explanation to the said delay caused. The only explanation given is that the informant went into depression. 5. Learned counsel for the applicant has further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 21.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned State Law Officer has vehemently opposed the bail application. 7. 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 in institution of FIR, 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. 8. Let the applicant- Anil Savita @ Anil Kumar, 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. 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. Order Date :- 21.8.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad