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2025 DAILYLAW 92781 (ALL)

GULAB SINGH v. STATE OF U.P.

BAIL/31231/2025 · 2025-09-11

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31231 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri V.M. Jaidi, learned Senior Counsel assisted by Sri Uma Shanker Tiwari, learned counsel for the applicant, Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.01 of 2025, under Sections 140(1) and 115(2) of B.N.S., Police Station Heempur Deepa, District Bijnor, during the pendency of trial. 4. This is the second bail application on behalf of the applicant. The first one was dismissed as withdrawn with liberty to file fresh bail application by the Co-ordinate Bench of this Court vide order dated 25.08.2025 passed in Criminal Misc. Bail Application No.27977 of 2025. 5. Learned Senior Counsel for the applicant has stated that PW-1 and PW-2 have been examined during trial and have not supported the prosecution story. PW-2 has been declared hostile by the public prosecutor. PW- 1/informant has refused having seen the incident. There is no likelihood of conviction of the applicant in the present case. 6. Learned Senior Counsel for the applicant has further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 02.01.2025 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) : M J Akhtar, Shahzad Alam, Sr. Advocate Counsel for Opposite Party(s) : G.A. Gulab Singh .....Applicant(s) State of U.P. .....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, taking into consideration the fact that PW-1 and PW-2 have not supported the prosecution story, 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. 9. Let the applicant- Gulab Singh, 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 12, 2025 (Ravi Kant) BAIL No. 31231 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad