Kailash Agarwal vs State of U.P.

Neutral Citation No. - 2025:AHC:117025

Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22764 of 2025

Applicant :- Kailash Agarwal Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Srivastav,Rajesh Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Sri Rajesh Kumar Srivastava, learned counsel for the applicant, Sri Pranshu Kumar, learned A.G.A. for the State and perused the material placed on record.

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Applicant seeks bail in Case Crime No. 104 of 2024, under Sections 307 I.P.C. and Section 3/25/28 of Arms Act and Section 12 of DAA Act, Police Station- Kamla Nagar, District- Agra, during the pendency of trial.

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Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. The applicant was nominated in the case of murder and subsequently has been arrested by the police in a police party firing case. The applicant had sustained gun shot injury in the alleged cross-fire. He has nothing to do with the said offence. The bail application in the said case is pending for disposal. He has further stated that the applicant has a criminal history of one case which is pending for disposal. It is further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 28.05.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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

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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

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case for bail. The bail application is allowed.

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Let the applicant- Kailash Agarwal , 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.

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(i) The applicant shall not tamper with evidence during trial.

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(ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed.

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

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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.

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Order Date :- 18.7.2025 Karan

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(Justice Krishan Pahal)

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Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad

Kailash Agarwal v. State of U.P.

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Kailash Agarwal v. State of U.P.

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