Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31624 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Sachin Malik, learned counsel for the applicant, Sri Arun Kumar Sharma, learned counsel for the informant 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. 154 of 2025, under Sections 85, 91, 115(2), 351(3) B.N.S., Police Station- Charthawal, District- Muzaffarnagar, 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. He has nothing to do with the said offence. The FIR itself is delayed by about six months and there is no explanation of the said delay caused.
5. It is further argued by learned counsel for the applicant that there is no evidence of applicant having forced the miscarriage of the victim. It is a clear cut case of misuse of dowry laws. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 4.8.2025 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. Per contra, learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application. Versus Counsel for Applicant(s) : Onkar Singh, Sachin Malik Counsel for Opposite Party(s) : Arun Kumar Sharma, G.A. Adnan .....Applicant(s) State of U.P. .....Opposite Party(s)
7. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the inordinate delay of six months in institution of FIR, 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- Adnan, 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.
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 23, 2025 Vikas Verma BAIL No. 31624 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad