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2025 DAILYLAW 92759 (ALL)

MUNNA CHAUHAN v. STATE OF U.P. AND 3 OTHERS

BAIL/30663/2025 · 2025-09-15

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30663 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Supplementary affidavit filed today is taken on record. 3. Heard Sri Amit Kumar Singh, learned counsel for the applicant, Sri Amit Kumar, learned A.G.A. for the State and perused the material placed on record. 4. Learned A.G.A. has informed that the notice to the informant has been served on 06.09.2025. 5. Applicant seeks bail in Case Crime No.170 of 2025, under Sections 109(1), 118(1), 74, 352, 351(3) BNS and Section 7/8 of POCSO Act, Police Station-Lalganj, District-Basti, during the pendency of trial. 6. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The allegations as made in the FIR are per se false. It is stated that applicant assaulted the victim with a knife, however, she has not sustained any stab wound or incised would rather four injuries sustained by the victim are lacerated wound and one injury is an abrasion. It is further argued that even the applicant has sustained injuries in this case. The truth is that applicant is in love with the victim and both were caught by the family members of the victim and beaten up. The applicant has not inflicted any injuries to the victim. There is no criminal history of the applicant. The applicant is languishing in jail since 09.07.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. Versus Counsel for Applicant(s) : Amit Kumar Singh Counsel for Opposite Party(s) : G.A. Munna Chauhan .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 7. Learned A.G.A. has vehemently opposed the bail application. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant- Munna Chauhan, 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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 Karan BAIL No. 30663 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad