Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32025 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Ms. Kriti Pandey, Advocate holding brief of Sri Nitin Srivastava,
learned counsel for the applicant, Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.264 of 2025, under Sections 109(1), 351(2) B.N.S., 2023, Police Station Khekhra, District Baghpat, during the pendency of trial.
4. As per prosecution story, the applicant is stated to have attempted to commit murder of brother of the informant and other family members by sprinkling petrol over them in the night of 15.08.2025 at about 1:30 a.m.
5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by more than twenty hours and there is no explanation of the said delay caused. The allegations are per se false. There is no medical corroboration of the incident.
6. Learned counsel for the applicant has further argued that the applicant has simply been made an accused by the informant out of vengeance. There is no criminal history of the applicant. The applicant is languishing in jail since 16.08.2025 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) : Nitin Srivastava Counsel for Opposite Party(s) : G.A. Ritik Tyagi .....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 delay in institution of FIR and there being no medical corroboration of the incident, 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- Ritik Tyagi, 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 18, 2025 (Ravi Kant) BAIL No. 32025 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad