Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32470 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard Sri Ashwani Kumar Mishra, learned counsel for the applicant, Sri R.B. Singh, learned counsel for the informant, Sri R.P. Singh, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.348 of 2025, under Sections 109(1), 352 B.N.S., Police Station Kotwali Sadabad, District Hathras, during the pendency of trial. 4. Learned counsel for the applicant has argued that it is no injury case. The applicant has been falsely implicated in the present case. He has nothing to do with the said offence. Even the applicant has been assigned the role of having exhorted the co-accused person, as such, he is entitled for bail. 5. Learned counsel for the applicant has further argued that the criminal history of five cases assigned to the applicant stands explained. The applicant is languishing in jail since 21.07.2025 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 counsel for the informant and learned State Law Officer have vehemently opposed the bail application. 7. The Supreme Court in Prabhakar Tewari vs. State of U.P. And Another, Versus Counsel for Applicant(s) : Ashwani Kumar Mishra, Sandeep Kumar Keshari, Vivek Srivastava Counsel for Opposite Party(s) : G.A. Jitendra .....Applicant(s) State of U.P. .....Opposite Party(s)
(2020) 11 SCC 648 has observed that pendency of several criminal cases against an accused itself cannot be a basis for refusal of bail, if otherwise his case for bail is made out. 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, 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- Jitendra, 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 22, 2025 (Ravi Kant) BAIL No. 32470 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad