Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32187 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Sushil Kumar Shukla, learned counsel for the applicant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.200 of 2025, under Sections 352, 109(1) B.N.S., Police Station- Binauli, District- Baghpat, during the pendency of trial.
4. As per prosecution story, the applicant is stated to have assaulted the injured person with Fawada on 5.7.2025 and he was rushed to Jeevan Jyoti Hospital at Baraut and when his condition was found serious, he was referred to Anand Hospital, Meerut where his treatment was going on. As such, the FIR was instituted on 6.7.2025 at about 02:17 p.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. The FIR is delayed as there is no time of offence mentioned in the FIR. Even the witnesses have not mentioned the time of offence. As such, it is a clear cut case of false implication.
6. 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 Versus Counsel for Applicant(s) : Sushil Kumar Shukla Counsel for Opposite Party(s) : G.A. Sonu @ Sunil .....Applicant(s) State of U.P. .....Opposite Party(s)
since 8.7.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
7. Per contra, learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application.
8. 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 no time of offence is mentioned 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.
9. Let the applicant- Sonu @ Sunil, 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.
10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
11. 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 19, 2025 Vikas Verma BAIL No. 32187 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad