Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30636 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard Sri Javed Alam, learned counsel for the applicant and Sri Hari Narayan Singh, learned counsel for the informant as well as Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 166 of 2025, under Sections 109(1), 115(2), 351(3), 333 of BNS and Section 4/25 of Arms Act, Police Station Baghauchghat, District Deoria, during the pendency of trial. 4. As per prosecution story, the applicant along with three co-accused persons is stated to have assaulted four persons from the side of the informant causing grievous injuries to them by knife, iron rod etc on 10.07.2025 at about 10 a.m.
5. 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. 6. Learned counsel has next stated that the FIR is delayed by more than seven hours and there is no explanation of the said delay caused. There are four persons who have sustained injuries in the instant case but the applicant himself has sustained seven injuries in all and there is no explanation of the said injury by the prosecution. The truth is that it was an accidental case and subsequently, brawl ensued between the parties. The applicant, as a bonafide act, got admitted the injured person in the hospital, as such it is a clear cut case of false implication. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 11.07.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned counsel for the informant as well as learned A.G.A. have vehemently opposed the bail application on the ground that there are four injured persons who Versus Counsel for Applicant(s) : Javed Alam, Mohd. Azam Counsel for Opposite Party(s) : G.A., Hari Narayan Singh Sanjay Singh Alias Sanjay Rao .....Applicant(s) State of U.P. .....Opposite Party(s)
have sustained injuries from the side of the informant and they are on vital part of the body.
The injuries have been caused by sharp edged weapon, as such the applicant is not entitled for bail. 9. 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 FIR coupled by the fact that the injuries sustained by the applicant having not explained by the prosecution, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 10. Let the applicant- Sanjay Singh @ Sanjay Rao, 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. 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. (Krishan Pahal,J.) September 16, 2025 Sumit S BAIL No. 30636 of 2025 2
Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad