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2025 DAILYLAW 98815 (ALL)

SADAN KHAN v. STATE OF U.P.

BAIL/32375/2025 · 2025-09-18

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32375 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Vipul Shukla, learned counsel for the applicant and Sri Deepak Kumar Singh, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 283 of 2025, under Sections 109(1), 191(2), 191(3), 115(2), 117(1), 352, 351(3) of BNS, Police Station - Roza, District - Shahjahanpur, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about 20 hours and there is no explanation of the said delay caused. 5. Learned counsel has also stated that it is true that five persons have sustained injuries which are simple in nature. In the statement of injured Anil, specific role has not been assigned to any person. There are general and omnibus allegations against all the accused persons. Even there is no mentioning of any source of light at the place of occurrence, as such, it is a clear cut case of false implication. 6. Learned counsel has next contended that the applicant is languishing in jail since 25.06.2025, having no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. Versus Counsel for Applicant(s) : Vipul Shukla, Yaheya Counsel for Opposite Party(s) : G.A. Sadan Khan .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, nature of offence, severity of punishment and also considering the delay in lodging the FIR and there being general and omnibus allegations against all the accused persons, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed. 9. Let the applicant- Sadan Khan, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will 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 Siddhant BAIL No. 32375 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad