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2025 DAILYLAW 99845 (ALL)

MAHESH v. STATE OF U.P.

BAIL/32743/2025 · 2025-09-22

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32743 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Nanhe Lal Tripathi, learned counsel for the applicant, Sri Ashwani Kumar Tripathi, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.494 of 2025, under Sections 5/25 Arms Act, Police Station Hapur Nagar, District Hapur, 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. The FIR is delayed by about seven hours and there is no explanation of the said delay caused. A recovery of illegally made arms alongwith several implements to make them has been foisted on the applicant by the police. There is no criminal history of the applicant. The applicant is languishing in jail since 05.08.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 5. Learned A.G.A. has vehemently opposed the bail application. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, 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 Versus Counsel for Applicant(s) : Nanhe Lal Tripathi, Satish Kumar Mishra Counsel for Opposite Party(s) : G.A. Mahesh .....Applicant(s) State of U.P. .....Opposite Party(s) is allowed. 7. Let the applicant- Mahesh, 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. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. 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 23, 2025 (Ravi Kant) BAIL No. 32743 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad