Abhishek Singh v. State of U.P

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28785 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.

¶1List has been revised.

¶2Heard Sri Ranjeet Asthana, learned counsel for the applicant and Ms. Ifrah Islam, learned State Law Officer and also perused the material placed on record.

¶3Applicant seeks bail in Case Crime No. 270 of 2025, under Sections 140(2), 61(2) of BNS, Police Station - Chauri Chaura, District - Gorakhpur, during the pendency of trial.

¶4Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The allegations are per se false. Even the story as narrated has been falsified from the statement of the victim, who is 11 years old boy.

¶5Learned counsel has also stated that the name of the applicant has come up in the statement of co-accused person which has no evidentiary value in the eyes of law. There is no previous criminal history of the applicant except a case foisted on him subsequent to the instant FIR. The applicant is languishing in jail since 23.05.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial.

¶6Per contra, learned State Law Officer has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no previous criminal history. Versus Counsel for Applicant(s) : Anisha Singh, Ranjeet Asthana Counsel for Opposite Party(s) : G.A. Abhishek Singh .....Applicant(s) State of U.P. .....Opposite Party(s)

¶7Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, nature of offence, severity of punishment and also considering the statement of the victim, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed.

¶8Let the applicant-Abhishek 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 will not tamper with the evidence during trial.

ii) The applicant will not pressurise/intimidate with the prosecution witnesses.

iii) The applicant will appear before the trial court on the date fixed.

¶9In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶10It 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 Siddhant BAIL No. 28785 of 2025 (Krishan Pahal,J.) High Court of Judicature at Allahabad