Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32320 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard Sri Sunil Kumar Tiwari, learned counsel for the applicants and Sri Amit Kumar, learned State Law Officer and perused the record. 3. Applicants seek bail in Case Crime No. 0265 of 2025, under Sections 352, 109(1) of BNS, Police Station Bhawanpur, District Meerut, during the pendency of trial. 4. As per prosecution story, the applicants along with two other co- accused persons are stated to have assaulted with knuckle punch to son of the informant on 22.08.2025 at about 9 a.m.
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. 6. Learned counsel has next stated that the FIR is ante-timed as the time of offence and that of the institution of FIR is exactly same i.e. 9 a.m. on 22.08.2025 which speaks volume of false implication. There are general and omnibus allegations against all the accused persons but subsequently, injured person has assigned the role of assaulting him to co-accused Vansh only that too after legal consultation. 7. Learned counsel has next stated that even the injury report does not corroborate the prosecution story as the injured person has sustained only Versus Counsel for Applicant(s) : Sunil Kumar Tiwari Counsel for Opposite Party(s) : G.A. Luv Kumar And Another .....Applicant(s) State of U.P. .....Opposite Party(s)
one injury which is on occipital region. The allegations are per se false. 8. There is no criminal history of the applicants. The applicants are languishing in jail since 23.08.2025 and they are ready to cooperate with trial. In case, the applicants are released on bail, they shall not misuse the liberty of bail. 9. Learned A.G.A. has vehemently opposed the bail application and stated that there is a typographical error in the institution of FIR as the time of institution of FIR is 11:15 a.m.
10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and there being general and omnibus allegations against all the accused persons, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed. 10.
Let the applicants- Luv Kumar and Kush Kumar, who are involved in aforementioned case crime be released on bail on their 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 applicants shall not tamper with the evidence during trial. ii) The applicants shall not pressurise/intimidate with the prosecution witnesses. iii) The applicants shall 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 applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 19, 2025 Sumit S BAIL No. 32320 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad