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2025 DAILYLAW 98825 (ALL)

SACHIN v. STATE OF U.P.

BAIL/32484/2025 · 2025-09-21

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32484 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Virpratap Singh, learned counsel for the applicant, Sri Nitin Raj Singh, learned counsel for the informant 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.9 of 2025, under Sections 115(2), 351(3), 85, 123, 109(1) B.N.S. and 3/4 D.P. Act, Police Station- Gorai, District- Aligarh, 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 four days and there is no explanation of the said delay caused. Even the medical examination has been conducted after a delay of two days. 5. Learned counsel for the applicant has further stated that as per the medical report, the injuries sustained by the injured person are simple in nature, as such, it is a clear cut case of false implication and the injuries can be manufactured and are self-inflicted. 6. It is further argued by learned counsel for the applicant that the applicant is the husband of the injured person and it is a case of misuse of dowry laws. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 31.7.2025 and he is ready to cooperate with trial. In case, the Versus Counsel for Applicant(s) : Virpratap Singh Counsel for Opposite Party(s) : G.A., Nitin Raj Singh Sachin .....Applicant(s) State of U.P. .....Opposite Party(s) 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 delay of four days in institution of FIR and the nature of injuries sustained by the injured person, 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- Sachin, 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 22, 2025 Vikas Verma BAIL No. 32484 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad