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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32757 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard Sri Sanjay Singh, learned counsel for the applicant, Sri Ankit Mishra, Advocate holding brief of Sri Sushil Chaturvedi, learned counsel for the informant as well as Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.74 of 2025, under Sections 191(2), 115(1), 352, 351(2), 109(1), 117(2) B.N.S., Police Station- Dauki, District- Agra, during the pendency of trial. 4. As per prosecution story, the applicant alongwith seven other named accused persons is stated to have assaulted and caused injuries to four persons of the family of the informant on 24.5.2025. 5. 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 is delayed by about one day and there is no explanation of the said delay caused. There is no time of offence mentioned in the FIR. 6. Learned counsel for the applicant has further contended that it is stated in the FIR that four persons had sustained injuries but the injuries were found only on the body of three persons, namely, Vijay, Mohar Singh and Pawan. No injuries were observed on the body of Gauri, as such, it is a clear cut case Versus Counsel for Applicant(s) : Sanjay Singh Counsel for Opposite Party(s) : G.A. Ravi .....Applicant(s) State of U.P. .....Opposite Party(s)
of false implication. 7. Learned counsel for the applicant has further stated that there are general and omnibus allegations against all the accused persons in the FIR, but subsequently one of the injured persons Pawan has stated that applicant alongwith Shiva had assaulted him, but he has sustained only one injury. As such, it cannot be ascertained as to who is the author of said injury. The other two injured persons Vijay and Mohar have not alleged that applicant had caused any particular injury to either of them. 8. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 19.7.2025 and he is ready to cooperate with trial.
In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Per contra, learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application. 10. 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 of one day in institution of FIR and there being general and omnibus allegations against all the accused persons in the 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. 11. Let the applicant- Ravi, 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. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. BAIL No. 32757 of 2025 2
13. 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. (Krishan Pahal,J.) September 23, 2025 Vikas Verma BAIL No. 32757 of 2025 3
Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad