Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32558 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard Sri Shiv Shankar Kaithal, learned counsel for the applicant and Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 256 of 2020, under Sections 341, 323, 504, 308 of IPC, Police Station Tundla, District Firozabad, during the pendency of trial. 4. 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 14 hours and there is no explanation of the said delay caused. 5. Learned counsel has next stated that there are general and omnibus allegations against all the accused persons in the FIR but subsequently, in the very same FIR, co-accused Sonveer @ Bheema has been assigned the role of having caused grievous injuries to the head of the injured person Ashish. Although, there are four injuries sustained by the injured person but they are not grievous in nature, as such the applicant is entitled for bail. 6. There is no criminal history of the applicant. 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 Versus Counsel for Applicant(s) : Shiv Shankar Kaithal Counsel for Opposite Party(s) : G.A. Ajay @ Naihana .....Applicant(s) State of U.P. .....Opposite Party(s)
liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application on the ground that the injuries were grievous in nature and even were found dangerous to life, as such the applicant is not entitled for bail. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and taking into consideration the delay in institution of the FIR and the role assigned to the applicant, 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- Ajay @ Naihana, 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 the 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. 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 22, 2025 Sumit S BAIL No. 32558 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad