Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32196 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Kamal Kumar Singh, learned counsel for the applicant, Sri Deepak Kumar Singh, Sri Rahul Kumar Tripathi, learned counsel for the informant as well as learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.105 of 2025, under Sections 115(2), 109 B.N.S., Police Station-Itwa, District-Siddharth Nagar, during the pendency of trial.
4. As per prosecution story, the applicant, along with his sons, is stated to have assaulted and caused grievous injuries to his son-in-law on
18.06.2025.
5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. There are general and omnibus allegations of assault against all the accused persons. No overt act has been assigned to the applicant. No time of offence is mentioned in the FIR. The FIR itself is delayed by about one day and there is no explanation to the said delay caused. There is no criminal history of the applicant. The applicant is languishing in jail since 30.07.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. Versus Counsel for Applicant(s) : Dharnidhar Pandey, Kamal Kumar Singh Counsel for Opposite Party(s) : G.A., Rahul Kumar Dinesh Kumar Mishra .....Applicant(s) State of U.P. .....Opposite Party(s)
6. Learned A.G.A. has vehemently opposed the bail application.
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 fact that there are general and omnibus allegation of assault against all the accused persons, and without expressing any opinion on the merits of the case, 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-Dinesh Kumar Mishra, 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.
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.
October 6, 2025 Karan BAIL No. 32196 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad