Vishesh Pal Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Vishesh Pal Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted to applicant Vishesh Pal in Case Crime No. 122 of 2025 (Sections 317(2), 303 B.N.S. and Section 4/25 Arms Act, P.S. Bhopa, District Muzaffar Nagar): release on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions that he shall not tamper with evidence, shall not pressurise/intimidate prosecution witnesses, and shall appear before the trial court on dates fixed; sureties to be verified before the release order is issued; breach of conditions to be a ground for cancellation of bail.

Issue for consideration

Whether the applicant Vishesh Pal should be released on bail in Case Crime No. 122 of 2025 (Sections 317(2), 303 B.N.S. and Section 4/25 Arms Act, Police Station Bhopa, District Muzaffar Nagar) during the pendency of trial.

Court's answer

Without expressing any opinion on the merits of the case, and considering the facts and circumstances, submissions of counsel and the evidence on record, the Court held that the applicant has made out a case for bail and allowed the bail application.

Ratio / Principle

The applicant Vishesh Pal is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned; before issuing the release order, the sureties are to be verified.

Key takeaways

Release on bail is subject to conditions: the applicant shall not tamper with evidence during trial, shall not pressurise/intimidate prosecution witnesses, and shall appear before the trial court on the date fixed.ratio¶7
Breach of any of the bail conditions shall be a ground for cancellation of bail.ratio¶8
Observations made in granting bail shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.obiter

Detailed headnote1 paragraphs

Allahabad High Court (Krishan Pahal, J., Court No. 67), September 10, 2025 — Bail allowed. Vishesh Pal, applicant in Case Crime No. 122 of 2025 under Sections 317(2), 303 B.N.S. and Section 4/25 Arms Act, Police Station Bhopa, District Muzaffar Nagar, sought bail during the pendency of trial. Counsel contended that the applicant was not named in the FIR and was falsely implicated, that the FIR was delayed without explanation, that his criminal history of one case stood explained, and that he had been languishing in jail since 18.04.2025 and was ready to cooperate with the trial; the State Law Officer opposed. Without expressing any opinion on the merits, the Court found that the applicant had made out a case for bail and allowed the application: release on a personal bond and two sureties each in the like amount, with sureties to be verified before the release order, subject to conditions (no tampering with evidence; no pressurising/intimidating prosecution witnesses; appearance before the trial court on fixed dates). Breach of any condition is a ground for cancellation of bail, and the observations made in granting bail shall not affect the trial judge's independent opinion based on the testimony of the witnesses.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 22324 of 2025

Vishesh Pal

.....Applicant(s)

Versus

State of U.P.

.....Opposite Party(s)

Counsel for Applicant(s) : Mohd. Jamshed Khan
Counsel for Opposite Party(s) : G.A.

Court No. - 67

HON'BLE KRISHAN PAHAL, J.

List has been revised.

Heard Sri Mohd. Jamshed Khan, learned counsel for the applicant, Sri Yogesh Mishra, learned State Law Officer for the State and perused the material placed on record.

Applicant seeks bail in Case Crime No.122 of 2025, under Sections 317(2), 303 B.N.S. and Section 4/25 Arms Act, Police Station Bhopa, District Muzaffar Nagar, during the pendency of trial.

Learned counsel for the applicant has argued that the applicant is not named in the FIR and has been falsely implicated in the present case. The FIR is delayed and there is no explanation of the said delay caused. The criminal history of one case assigned to the applicant stands explained. The applicant is languishing in jail since 18.04.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

Learned State Law Officer has vehemently opposed the bail application.

Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, 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 .

Let the applicant- Vishesh Pal , who is involved in aforementioned case

BAIL No. 22324 of 2025

2

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.

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

It 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.

(Krishan Pahal,J.)

September 10, 2025

(Ravi Kant)

Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad