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2025 DAILYLAW 99900 (ALL)

SUBHASH v. STATE OF U.P.

BAIL/33193/2025 · 2025-09-24

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33193 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Kumar Beenu Singh, learned counsel for the applicant and Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 650 of 2025, under Sections 3/5/25 of Arms Act, Police Station Quarsi, District Aligarh, during the pendency of trial. 4. As per prosecution story, four persons including the applicant were arrested by the police and ten country made pistol and other incriminating materials were recovered by the police on 31.07.2025 at about 10:27 p.m. 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 is delayed by three hours and there is no explanation of the said delay caused. False recovery has been foisted on the applicant by the police. The applicant was in illegal detention about two days prior to the incident, as such it is a clear cut case of false implication. 7. The criminal history assigned to the applicant has been explained. The applicant is languishing in jail since 31.07.2025 and he is ready to Versus Counsel for Applicant(s) : Kumar Beenu Singh Counsel for Opposite Party(s) : G.A. Subhash .....Applicant(s) State of U.P. .....Opposite Party(s) cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned A.G.A. has vehemently opposed the bail application. 9. In the case of Prabhakar Tewari Vs. State of U.P. and another, (2020) 11 SCC 648, the Supreme Court has observed that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail. 10. 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 merit of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 11. Let the applicant- Subhash, 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. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. 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 25, 2025 Sumit S BAIL No. 33193 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad