Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29329 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard Sri Anil Kumar Tripathi, 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. 031 of 2025, under Sections 109, 310(4), 313 of BNS and Section 3/25/27 of Arms Act, Police Station Shahpur, District Muzaffar Nagar, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent. He has nothing to do with the said offence. The applicant been falsely implicated in five cases in all by the Arresting Officer just to show good work. The applicant has applied for bail in all the cases but has yet to be enlarged on bail in other cases. 5. The criminal history assigned to the applicant has been explained. The applicant is languishing in jail since 04.02.2025 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 A.G.A. has vehemently opposed the bail application. 7. In the case of Prabhakar Tewari Vs. State of U.P. and another, (2020) 11 SCC 648, the Supreme Court has observed that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail. Versus Counsel for Applicant(s) : Anil Kumar Tripathi Counsel for Opposite Party(s) : G.A. Pankaj @ Kala .....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 without expressing any opinion on the merit of the case, 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- Pankaj @ Kala, 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. 29329 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad