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2025 DAILYLAW 98339 (ALL)

BRAJESH v. STATE OF U.P.

BAIL/32336/2025 · 2025-10-05

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32336 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Kuldeep Gupta, Advocate holding brief of Sri Abhishek Kumar Pandey, learned counsel for the applicant, Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.371 of 2025, under Sections 310(4), 310(5) B.N.S. and Sections 3/25, 4/25 Arms Act, Police Station- Jalesar, District-Etah, during the pendency of trial. 4. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. Applicant has been falsely implicated in three cases in all. It is further submitted that a false recovery of a country made pistol has been foisted on the applicant and other co- accused persons. The applicant has no previous criminal history except the three cases foisted on the applicant at a go. The applicant is languishing in jail since 20.08.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 5. Learned A.G.A. has vehemently opposed the bail application. 6. The Supreme Court in Prabhakar Tewari vs. State of U.P. And Another, 2020 (11) SCC 648 has observed that pendency of several criminal cases against an accused itself cannot be a basis for refusal of bail, if otherwise his case for bail is made out. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, 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 Versus Counsel for Applicant(s) : Abhishek Kumar Pandey Counsel for Opposite Party(s) : G.A. Brajesh .....Applicant(s) State of U.P. .....Opposite Party(s) allowed. 8. Let the applicant- Brajesh, 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. 32336 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad