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2025 DAILYLAW 88498 (ALL)

JITU PRADHAN AND ANOTHER v. STATE OF U.P.

BAIL/29373/2025 · 2025-09-09

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29373 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Kumar Ashutosh Srivastava, learned counsel for the applicants, Sri Varun Pratap Singh, learned A.G.A. for the State and perused the material placed on record. 3. Applicants seek bail in Case Crime No.373 of 2025, under Sections 109(1), 303(2), 317(2) B.N.S. and Section 3/25/27 Arms Act, Police Station-Hata, District- Kushinagar, during the pendency of trial. 4. Learned counsel for the applicants has stated that the applicants have been falsely implicated in the present case. The FIR was instituted against unknown persons. The applicants have been arrested in police party firing no injury case. The applicants are stated to have sustained gun-shot injury in leg in the cross-fire. There is no previous criminal history of the applicants, except the case in which the applicants have been arrested. There is no test identification parade as per Section 7 of the Bhartiya Shakshya Adhiniyam. The applicants are languishing in jail since 17.06.2025 and he is ready to cooperate with trial. In case, the applicants are released on bail, they will not misuse the liberty of bail. 5. Learned A.G.A. 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 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. 7. Let the applicants-Jitu Pradhan and Kishor Pradhan, 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. Versus Counsel for Applicant(s) : Akhil Tiwari, Kumar Ashutosh Srivastava Counsel for Opposite Party(s) : G.A. Jitu Pradhan And Another .....Applicant(s) State of U.P. .....Opposite Party(s) (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 10, 2025 Karan BAIL No. 29373 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad