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2025 DAILYLAW 98599 (ALL)

ARSHLAN v. STATE OF U.P.

BAIL/32462/2025 · 2025-09-21

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32462 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Supplementary affidavit filed today is taken on record. 3. Heard Sri Sunil Kumar Tiwari, learned counsel for the applicant, Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.0115 of 2025, under Sections 191(1), 191(2), 190, 109, 115(2), 351(2), 351(3), 3(5) B.N.S. and 7 Criminal Law Amendment Act, Police Station Falawada, District Meerut, during the pendency of trial. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR was instituted by the police regarding arsoning, brick-batting and rioting by two factions of the society and two FIRs were instituted by the rival parties against each other i.e. Case Crime Nos.113 of 2025 and 114 of 2025. 6. Learned counsel for the applicant has further argued that there being cross version to the instant case, at this point of time it cannot be ascertained as to which party was the aggressor one. There is no previous criminal history of the applicant. The applicant is languishing in jail since 26.06.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. Versus Counsel for Applicant(s) : Sunil Kumar Tiwari Counsel for Opposite Party(s) : G.A. Arshlan .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Learned A.G.A. has 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 there is cross version to the instant case, 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- Arshlan, 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. 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 (Ravi Kant) BAIL No. 32462 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad