HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32611 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Bipin Kumar, learned counsel for the applicant and Sri Krishna Kumar, learned counsel for the informant as well as Ms. Ifrah Islam, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 679 of 2025, under Sections 191(2), 191(3), 190, 115(2), 351(2), 352, 109, 117(2) of BNS, Police Station Sikandrabad, District Bulandshahr, during the pendency of trial. 4. As per prosecution story, the applicant along with five other named accused persons is stated to have abducted the son of the informant Rahul in the night of 15.07.2025 and had taken him to the house of Kamal, Sunil and Pawan sons of Pal Singh and beaten him up by lathi and danda and made him unconscious whereby the informant got to know of the incident and rushed the injured to hospital. 5. 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. 6. Learned counsel has next stated that the FIR was instituted in the night itself at 00:45 a.m. and there is no mentioning of time of offence. There are general and omnibus allegations against all the accused persons. The applicant lives separately to the three accused persons namely Kamal, Sunil and Pawan. The injured person was retrieved from the house of the Versus Counsel for Applicant(s) : Bipin Kumar, Jai Prakash Counsel for Opposite Party(s) : G.A., Krishna Kumar, Rajesh Singh Nempal Alias Neelam .....Applicant(s) State of U.P. .....Opposite Party(s) said accused persons, as such case of the applicant is at different footing qua the main accused persons. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 15.08.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned State Law Officer and learned counsel for the informant have vehemently opposed the bail application on the ground that the applicant is named in the FIR. He along with other co-accused persons had given a hard beating to the injured person. The injured had sustained injuries on his cranium and three fractures were observed on his hand, as such he is not entitled for bail. 9. 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 fact that the injured person is stated to have been retrieved from the house of the aforesaid co-accused persons and not from the house of the applicant and the fractures are on the hands of the injured person, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 10. Let the applicant- Nempal alias Neelam, 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. 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 BAIL No. 32611 of 2025 2 applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 23, 2025 Sumit S BAIL No. 32611 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad