HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32296 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Anil Kumar Srivastava, learned Senior Counsel assisted by Sri Pushpraj Sahu, learned counsel for the applicant and Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 286 of 2025, under Sections 126(2), 125, 288, 324(4), 115(2), 351(3), 190, 191(2), 191(3), 109(1), 223 of BNS and Section 7 of Criminal Law Amendment Act, Police Station Sarai Inayat, District Prayagraj, during the pendency of trial. 4. Learned Senior 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. 5. Learned Senior Counsel has next stated that the FIR is delayed and there is no explanation of the said delay caused. The applicant is even not named in the FIR. The name of the applicant has come up subsequently in his own confessional statement before the police which has no evidentiary value in the eyes of law being hit by Section 23 of Bhartiya Sakshya Adhiniyam. It is next stated that even there is no test identification parade as per Section 7 of Bhartiya Sakshya Adhiniyam, as such the applicant is entitled for bail. 6. There is no criminal history of the applicant. The applicant is languishing in jail since 17.08.2025 and he is ready to cooperate with Versus Counsel for Applicant(s) : Pushpraj Sahu, Vinay Kumar Counsel for Opposite Party(s) : G.A. Rahul Sahu .....Applicant(s) State of U.P. .....Opposite Party(s) trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 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 and taking into consideration the delay in institution of the FIR coupled by the fact that the applicant is not named in the FIR, 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- Rahul Sahu, 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 the 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 19, 2025 Sumit S BAIL No. 32296 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad