Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32514 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed today by the learned counsel for the applicants is taken on record. 2. Heard Sri Girijesh Kumar Gupta, learned counsel for the applicants and Sri Sunil Kumar, learned A.G.A. for the State and also perused the material placed on record. 3. Applicants seek bail in Case Crime No. 0266 of 2025, under Sections 115(2), 352, 351(3), 109(1) of BNS, Police Station - Govind Nagar, District - Kanpur Nagar, during the pendency of trial. 4. As per prosecution story, the applicant along with one Nitin Kumar Singh and some unknown persons are stated to have assaulted with lathi- danda and caused injuries to four persons from the side of the informant on 27.07.2025 at about 01:00 PM. 5. Learned counsel for the applicants has argued that the applicants have been falsely implicated in the present case. They have nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about eight hours and there is no explanation of the said delay caused. 6. Learned counsel has also stated that there are general and omnibus allegations against all the accused persons. No particular overt act has been assigned to any of the accused persons of having caused grievous injuries to two injured persons. It is true that the applicants are named in Versus Counsel for Applicant(s) : Girijesh Kumar Gupta, Shiv Shankar Pd Gupta Counsel for Opposite Party(s) : G.A. Sachin Singh And Another .....Applicant(s) State of U.P. .....Opposite Party(s)
the FIR but their role has not been distinguished by any of the injured persons. 7. Learned counsel has next contended that there is no criminal history of the applicants. The applicants are languishing in jail since 28.07.2025 and they are ready to cooperate with trial. In case, the applicants are released on bail, they will not misuse the liberty of bail. 8. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicants and also the fact that the applicants have no criminal history. 9.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, delay in lodging the FIR and also considering the fact that there being general and omnibus allegations against all the accused persons, I find it a fit case to release the applicants on bail. The bail application is allowed. 10. Let the applicants- Sachin Singh and Saurabh, who are involved in aforementioned case crime be released on bail on their 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 applicants will not tamper with the evidence during trial. ii) The applicants will not pressurise/intimidate with the prosecution witnesses. iii) The applicants will appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. It is made clear that observations made in granting bail to the applicants 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 Siddhant BAIL No. 32514 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad