Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29969 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed by learned counsel for the applicant is taken on record.
2. Heard Sri Indra Pal Singh Rajpoot, learned counsel for the applicant as well as Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.120 of 2025, under Sections 309(4), 317(2) B.N.S. and 9(1)A(i)/25(2) Arms Act, Police Station- Jaria, District- Hamirpur, 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. There is no test identification parade conducted as per Section 7 of Bharatiya Sakshya Adhiniyam. The allegations are per se false. The applicant has simply been nominated in this case on the basis of inter se talks between four accused persons.
5. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 7.7.2025 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. Per contra, learned A.G.A. has vehemently 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 there is no test identification parade conducted as per Section 7 of Bharatiya Sakshya Adhiniyam, and without expressing any Versus Counsel for Applicant(s) : Gaytri Rajput, Indra Pal Singh Rajpoot Counsel for Opposite Party(s) : G.A. Sabir Khan .....Applicant(s) State of U.P. .....Opposite Party(s)
opinion on the merits of the case, prima facie, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
8. Let the applicant- Sabir Khan, 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 evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant 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 applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 16, 2025 Vikas Verma BAIL No. 29969 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad