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2025 DAILYLAW 96870 (ALL)

BIJENDRA ALIAS VIJAY NAND ALIAS GUDDU v. STATE OF U.P.

BAIL/31837/2025 · 2025-09-16

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31837 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Pradeep Chauhan, learned counsel for the applicant and Sri Deepak Kumar Singh, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 99 of 2025, under Section 110 of BNS, Police Station - Rajawali, District - Firozabad, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have assaulted with fawda and caused grievous injuries to the head of one Subedra in the temple's office on 16.07.2025 at about 06:00 PM. 5. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by more than six hours and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the injuries were not found dangerous to life, although it was on the vital part of the body i.e. cranium. The offence is punishable for less than seven years imprisonment. 7. Learned counsel has next contended that the applicant is languishing in Versus Counsel for Applicant(s) : Pradeep Chauhan, Rajesh Kumar Counsel for Opposite Party(s) : G.A. Bijendra Alias Vijay Nand Alias Guddu .....Applicant(s) State of U.P. .....Opposite Party(s) jail since 19.07.2025, having no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 8. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, nature of offence, severity of punishment and also considering the injuries sustained by the victim, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Bijendra Alias Vijay Nand Alias Guddu, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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 17, 2025 Siddhant BAIL No. 31837 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad