Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30596 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Learned counsel for the informant is not present.
2. Heard Sri Akhilesh Singh, learned counsel for the applicant, Sri Pranshu Kumar, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.178 of 2023, under Sections 498- A, 323, 506, 364 I.P.C., Police Station Dholna, District Kasganj, 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. The FIR was instituted under Section 498-A, 323 and 506 I.P.C. only and subsequently the allegations have been escalated to that of abduction and Section 364 I.P.C. has been added. The FIR is delayed by more than one day and there is no explanation of the said delay caused.
5. Learned counsel for the applicant has further argued that the case of matrimonial dispute has been converted into that of abduction. There is no criminal history of the applicant. The applicant is languishing in jail since 01.08.2023 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. Versus Counsel for Applicant(s) : Akhilesh Singh, Shivam Yadav Counsel for Opposite Party(s) : G.A., Hukum Singh, Vipin Kumar Narauriya Shyam Alias Abhishek .....Applicant(s) State of U.P. .....Opposite Party(s)
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 delay in institution of FIR, and without expressing any 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- Shyam Alias Abhishek, 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 pressurise/intimidate with 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 15, 2025 (Ravi Kant) BAIL No. 30596 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad