Keshav Singh v. State of U.P. and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 27088 of 2025

Court No. - 67

HON'BLE KRISHAN PAHAL, J.

¶1List has been revised. Learned counsel for the informant is not present.

¶2Supplementary affidavit filed by learned counsel for the applicant is taken on record.

¶3Heard Sri Mohammad Danish, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.

¶4Applicant seeks bail in Case Crime No. 0030/2024, under Sections 147, 308, 323, 504, 506 IPC, P.S.- Rendhar, District-Jalaun during the pendency of trial.

¶5As per prosecution story, applicant along with other four co-accused persons is stated to have assaulted and caused injuries to five persons, namely, Pramod, Virendra, Gandharva, Mayadevi and Somwati, from the side of the informant.

¶6Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The FIR is delayed by about four Versus Counsel for Applicant(s) : Kuldeep Kumar, Mohammad Danish, Mohammad Iliyas Counsel for Opposite Party(s) : Ajay Sengar, G.A. Keshav Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) days and there is no explanation of the said delay caused. The delay in FIR itself speaks volume of false implication. Learned counsel has stated that an FIR No. 06/2024 was instituted by the co-accused person against the informant and other family members regarding the case of rape. The instant FIR is a counterblast to the said FIR No. 06/2024.

¶7It is further argued by learned counsel for the applicant that the applicant and one another person had also sustained injury in the said incident and the injuries sustained by them have not been explained by the prosecution. There being cross-version, at this point of time, it cannot be ascertained as to which party was the aggressor one. There is no criminal history of the applicant. The applicant is languishing in jail since

05.07.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶8Learned A.G.A. has vehemently opposed the bail application.

¶9Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay of four days in institution of FIR and there being cross-version to the incident coupled by the fact that two persons from the side of the applicant have also sustained injuries and FIR No. 06/2024 has been instituted by the co-accused persons, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶10Let the applicant-Keshav Singh, 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.

¶11In case of breach of any of the above conditions, it shall be a ground BAIL No. 27088 of 2025 for cancellation of bail.

¶12It 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 26, 2025 Sharad/- BAIL No. 27088 of 2025 (Krishan Pahal,J.) High Court of Judicature at Allahabad