Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31604 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Ms. Swati Agrawal Srivastava, learned counsel for the applicant as well as Sri Rajendra Prasad Singh, learned State Law Officer for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 241 of 2025, under Sections 191(2), 191(3), 190, 115(2), 118(1), 351(3), 109(1) B.N.S., Police Station- Sikriganj, District- Gorakhpur, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The case of the applicant is at par with co-accused person Bhaskar Singh and the only difference is that applicant has been nominated by the informant/injured. The other three injured persons have not nominated the applicant in the said case.
5. Learned counsel for the applicant has further stated that there is cross- version of the instant FIR and there was one injured person from the side of applicant as well, but the prosecution has not offered any explanation to the injuries sustained from the side of applicant. The FIR itself is delayed by about eight hours and there is no explanation of the said delay caused. As such, the applicant is entitled for bail.
6. It is further argued by learned counsel for the applicant that there is no Versus Counsel for Applicant(s) : Swati Agrawal Srivastava Counsel for Opposite Party(s) : G.A. Suraj Singh .....Applicant(s) State of U.P. .....Opposite Party(s)
criminal antecedent of the applicant. The applicant is languishing in jail since 9.6.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
7. Per contra, learned State Law Officer for the State has vehemently opposed the bail application on the ground that the informant had nominated the applicant in the FIR and he has also nominated him in his statement recorded U/s 180 BNSS.
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 cross-version to the instant 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- Suraj Singh, 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.
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 23, 2025 Vikas Verma BAIL No. 31604 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad