Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32516 of 2026 Court No. - 68 (Sr. No.2 out of 291) HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Asheesh Kumar Tiwari, learned counsel for the applicant, Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.249 of 2025, under Sections 137(2), 70(2), 351(3) B.N.S. and 5g/6 P.O.C.S.O. Act, Police Station Budhana, District Muzaffar Nagar, during the pendency of trial.
4. Learned counsel for the applicant has stated that this is the second bail application on behalf of the applicant. The first one was rejected on account of the injury sustained by the victim V1, but subsequent thereto, three witnesses of fact have been examined, including the informant and the two victims as PW-2 and PW-3, and they have completely resiled from their earlier statements and have been cross-examined by the Public Prosecutor after being declared hostile. There is no likelihood of the applicant’s conviction in the present case. The applicant is in jail since 08.06.2025 and he is ready to cooperate with the trial and undertakes not to misuse the liberty of bail if released.
5. Learned A.G.A. has vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant.
6. Considering the facts and circumstances of the case, submissions made by Versus Counsel for Applicant(s) : Asheesh Kumar Tiwari Counsel for Opposite Party(s) : G.A.
Abrar .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)
learned counsel for the parties, the evidence on record, taking into
consideration the fact that the informant and the two victims, i.e. PW2 and PW-3, have turned hostile, 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- Abrar, 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. September 16, 2026 (Ravi Kant) BAIL No. 32516 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad