Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28873 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Nirbhay Singh, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.279 of 2025, under Sections 191(2), 191(3), 115(2), 109(1), 352, 3(5) B.N.S., Police Station Sahawar, District Kasganj, during the pendency of trial.
4. As per prosecution story, the applicant is stated to have caught hold of the injured person alongwith the other co-accused persons, whereby co-accused Ramkumar is stated to have stabbed him with knife on 07.05.2025 at about 00:10 a.m.
5. 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 more sixteen hours and there is no explanation of the said delay caused. The role of catching hold has been assigned to the applicant that too after legal consultation. The main role has been assigned to co- accused person Ramkumar, as such, the applicant is entitled for bail.
6. Learned counsel for the applicant has further argued that there is no criminal history of the applicant. The applicant is languishing in jail since 08.05.2025 and he is ready to cooperate with trial. In case, the applicant is Versus Counsel for Applicant(s) : Nirbhay Singh Counsel for Opposite Party(s) : G.A. Sonu .....Applicant(s) State of U.P. .....Opposite Party(s)
released on bail, he will not misuse the liberty of bail.
7. 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 delay in institution of FIR and the fact that the main role of assaulting the injured person has been assigned to co-accused Ramkumar, 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.
9. Let the applicant- Sonu, 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.
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 12, 2025 (Ravi Kant) BAIL No. 28873 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad