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2026 DAILYLAW 549 (ALL)

OM PRAKASH v. STATE OF U.P.

BAIL/9432/2026 · 2026-03-18

Krishan Pahal

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 9432 of 2026 Court No. - 66 (Sr. No.20 out of 116) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Rama Shankar Mishra, learned counsel for the applicant, Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.137 of 2025, under Sections 3(5), 103(1), 238, 315, 317(2), 61(2) B.N.S., Police Station Kotwali Khalilabad, District Sant Kabir Nagar, 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 informant has exonerated the applicant along with the co-accused persons, namely Jai Prakash and Shyam Singh, but the charge-sheet has been submitted on account of the applicant being named in the FIR itself. The FIR is delayed by about six days, and there is no explanation for the said delay caused. The applicant has no criminal history and is in jail since 11.02.2026. He undertakes to cooperate with the trial and not misuse the liberty of bail. 5. Learned A.G.A. has vehemently opposed the bail application but the submissions raised by the learned counsel for the applicant could not be disputed. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into Versus Counsel for Applicant(s) : Rama Shankar Mishra Counsel for Opposite Party(s) : G.A. Om Prakash .....Applicant(s) State of U.P. .....Opposite Party(s) consideration the delay in the institution of FIR, 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 is allowed. 7. Let the applicant- Om Prakash, be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 8. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. March 19, 2026 (Ravi Kant) BAIL No. 9432 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad