Janu vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Janu vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release of the applicant Janu on bail upon furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, sureties to be verified before issuance of the release order, subject to the conditions of non-tampering with evidence, non-pressurising/non-intimidation of prosecution witnesses and appearance before the trial court on fixed dates.

Issue for consideration

Whether the applicant, Janu, involved in Case Crime No. 69 of 2025 (Sections 115(2), 352 and 109(1) B.N.S.), Police Station Inchauli, District Meerut, should be released on bail during the pendency of trial.

Court's answer

Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in institution of the FIR and the inconsistency in the statements of the injured persons, and without expressing any opinion on the merits of the case, the Court held that the applicant had made out a case for bail and allowed the bail application.

Ratio / Principle

The applicant Janu is to 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, with the sureties to be verified before issuing the release order, subject to the conditions that he shall not tamper with evidence during trial, shall not pressurise/intimidate the prosecution witnesses, and shall appear before the trial court on the date fixed; breach of any of these conditions shall be a ground for cancellation of bail.

Key takeaways

It was made clear that the 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.obiter¶¶20

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 65), Justice Krishan Pahal, granted bail to applicant Janu (order dated 22.7.2025) in Criminal Misc. Bail Application No. 18569 of 2025 relating to Case Crime No. 69 of 2025, Police Station Inchauli, District Meerut, under Sections 115(2), 352 and 109(1) B.N.S. The prosecution story was that the applicant, along with three co-accused, assaulted the brother of the informant and two others (Sarfaraj and Dinu) armed with knife, harpoon and scissor on 16.03.2025 at about 7:30 p.m., causing grievous injuries to Israr and simple injuries to Sarfarj and Dinu. Counsel for the applicant argued innocence and false implication, general and omnibus allegations in the FIR, subsequent assignment of specific roles in injured Israr's statement (catching hold to co-accused Sahil and Rahimuddin; assaulting by knife to the applicant) while injured Dinu assigned no particular role or weapon to any accused, delay of more than one day in the FIR without explanation, Israr having been taken from hospital as LAMA (indicating non-dangerous injuries), and no criminal history; the applicant was stated to be in jail since 08.04.2025. The learned A.G.A. opposed the bail application. Granting bail without expressing any opinion on the merits, the Court took into consideration the delay in institution of the FIR and the inconsistency in the statements of the injured persons. Release was ordered on a personal bond with two sureties each in the like amount, sureties to be verified before release, subject to conditions: no tampering with evidence, no pressurising/intimidating prosecution witnesses, and appearance before the trial court on fixed dates; breach of any condition to be a ground for cancellation of bail, and the observations made herein not to affect the trial judge's independent opinion.