Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 94423 (ALL)

SUSHIL KUMAR v. STATE OF U.P.

BAIL/31598/2025 · 2025-09-22

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31598 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Hanuman Deen Verma, learned counsel for the applicant as well as Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.128 of 2025, under Sections 109(1), 115(2), 191(2) B.N.S., Police Station- Purani Basti, District- Basti, during the pendency of trial. 4. As per prosecution story, the applicant alongwith other co-accused persons is stated to have assaulted and caused injury to the informant, who happens to happens to be wife of the applicant, on 5.7.2025 at 08:00 p.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. The FIR is delayed by about six days and there is no explanation of the said delay caused. 6. Learned counsel for the applicant has further stated that the injuries sustained by the victim were found to be simple in nature and may be manufactured. The applicant after observing certain injuries on the body of the victim had taken her for medical examination. As such, it is a clear cut case of misuse of dowry laws. 7. 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 12.7.2025 and he is ready to cooperate with trial. In case, the applicant Versus Counsel for Applicant(s) : Hanuman Deen Verma, Ram Krishna Yadav, Subhash Chandra Yadav Counsel for Opposite Party(s) : G.A. Sushil Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned A.G.A. has vehemently opposed the bail application. 9. 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 of six days in institution of FIR and the injuries sustained by the injured person being simple in nature, 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. 10. Let the applicant- Sushil Kumar, 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. 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. September 23, 2025 Vikas Verma BAIL No. 31598 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad