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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29658 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Awadh Bihari Pandey, learned counsel for the applicants, Sri Akhilesh Kumar Singh, Advocate holding brief of Sri Sanjay Mishra,
learned counsel for the informant, Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record.
3. Applicants seek bail in Case Crime No.49 of 2025, under Sections 109(1), 191(2), 352 B.N.S., Police Station Basrehar, District Etawah, during the pendency of trial.
4. Learned counsel for the applicants has argued that the applicants are absolutely innocent and have been falsely implicated in the present case. The role of causing injuries to two injured persons has been assigned to co- accused Ravan only. The applicants have not been assigned the role of assaulting the injured persons. There is no criminal history of applicant no.1- Dharmendra. The criminal history of one case assigned to applicant no.2- Avaneesh @ Balla stands explained as the said case is bailable.
5. Learned counsel for the applicants has further argued that the applicants are languishing in jail since 29.06.2025 and they are ready to cooperate with trial. In case, the applicants are released on bail, they will not misuse the liberty of bail.
6. Learned counsel for the informant and learned A.G.A. have vehemently Versus Counsel for Applicant(s) : Awadh Bihari Pandey Counsel for Opposite Party(s) : Sanjay Mishra, G.A. Dharmendra And Another .....Applicant(s) State of U.P. .....Opposite Party(s)
opposed the bail application.
7. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the fact that the role of assaulting the two injured persons has not been assigned to the applicants, and without expressing any opinion on the merits of the case, prima facie, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
8. Let the applicants- Dharmendra and Avaneesh @ Balla, who is involved in aforementioned case crime be released on bail on 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 applicants shall not tamper with evidence during trial. (ii) The applicants shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicants shall appear before the trial court on the date fixed.
9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
10. It is made clear that observations made in granting bail to the applicants 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. 29658 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad