Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30050 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard Sri Kamal Singh, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 168 of 2025, under Sections 85, 115(2), 118(2) of BNS, Sections 3/4 of Dowry Prohibition Act & Sections 4/25 of Arms Act, Police Station - Rasulpur, District - Firozabad, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about 13 days and there is no explanation of the said delay caused. 5. Learned counsel has also stated that it is true that the victim has sustained grievous injuries as her nose has been severed. A false case of demand of dowry has also been foisted on the applicant. 6. Learned counsel has next contended that the criminal history of one case has been explained in the affidavit. The applicant is languishing in jail since 27.04.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. Versus Counsel for Applicant(s) : Kamal Singh, Sanjay Agrawal Counsel for Opposite Party(s) : G.A. Nasir .....Applicant(s) State of U.P. .....Opposite Party(s)
7. Per contra, learned AGA has vehemently opposed the bail application on the ground that there are four injuries sustained by the victim. Her nose has been permanently severed and her face has been disfigured, as such, the applicant is not entitled for bail. 8. 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. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, nature of offence, severity of punishment and also considering the delay of 13 days in lodging the FIR, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed. 10.
Let the applicant- Nasir, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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 17, 2025 Siddhant BAIL No. 30050 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad