Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29320 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard Sri Chandra Jeet Yadav, learned counsel for the applicant and Sri V.K.S. Parmar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 200 of 2025, under Sections 109(2), 115(2), 191(2), 351(3), 352, 61(2) of BNS and Section 3/25 of Arms Act, Police Station Saidpur, District Ghazipur, 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. He has nothing to do with the said offence. The FIR itself is delayed by about one day and there is no explanation of the said delay caused. 5. Learned counsel has next stated that the role assigned to the applicant is only of exhortation and the person who had inflicted gun shot injury to the husband of the informant is Chandra Bhan Yadav, as such case of the applicant is at different footing qua the co-accused Chandra Bhan Yadav. The injuries sustained by the injured person is not on vital party of the body. 6. There is no criminal history of the applicant. The applicant is languishing in jail since 17.06.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. Versus Counsel for Applicant(s) : Chandra Jeet Yadav Counsel for Opposite Party(s) : G.A. Rohit Yadav .....Applicant(s) State of U.P. .....Opposite Party(s)
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 and taking into consideration the delay in institution of the FIR and taking into account the role of the applicant, 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- Rohit Yadav, 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 10, 2025 Sumit S BAIL No. 29320 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad