Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31319 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard Sri Ashok Kumar Singh Bais, learned counsel for the applicant, Ms. Ifrah Islam, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.41 of 2025, under Section 109(1) B.N.S., Police Station Jhinjhana, District Shamli, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is not named in the FIR and has been falsely implicated in the present case. His name has come up about five months after the incident as another application was given by the same informant at the police station implicating the applicant. It is a clear-cut case of false implication. Had the applicant committed the said offence, his name would have come up in the FIR itself. 5. Learned counsel for the applicant has further argued that the said second application is hit by Section 181 of B.N.S.S., as such, the applicant is entitled for bail. There is no criminal history of the applicant. The applicant is languishing in jail since 02.07.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned A.G.A./State Law Officer has vehemently opposed the bail Versus Counsel for Applicant(s) : Ashok Kumar Singh Bais, Astha Vashishtha Counsel for Opposite Party(s) : G.A. Ankush .....Applicant(s) State of U.P. .....Opposite Party(s)
application. 7. 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, 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- Ankush, 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 12, 2025 (Ravi Kant) BAIL No. 31319 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad