Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34031 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Amit Kumar Srivastava, learned counsel for the applicant, Shri Arimardan Yadav, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Gauri Shankar Alias Naipali, seeking enlargement on bail in Case Crime No.310 of 2025, under Sections 109, 118 (1), 352, of the Bharatiya Nyaya Sanhita, 2023 and Section 4/25 of Arms Act, Police Station Nawabganj, District Bareilly, during the pendency of the trial before the Court below. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 18.5.2025. Learned counsel for the applicant submits that it is a case of sudden provocation. The charge sheet in this case has already been filed on 31.5.2025 and cognizance has been taken thereon on 23.7.2025. There are 11 prosecution witnesses are to be examined before the Trial Court. The further custodial interrogation of the applicant is not required. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting Versus Counsel for Applicant(s) : Amit Kumar Srivastava Counsel for Opposite Party(s) : G.A. Gauri Shankar Alias Naipali .....Applicant(s) State of U.P. .....Opposite Party(s)
evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Gauri Shankar Alias Naipali, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4.
The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. October 7, 2025 Ravi Prakash BAIL No. 34031 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad