Jhhinak @ Khanna @ Surya Prakash Vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 27819 of 2025

Jhhinak @ Khanna @ Surya Prakash

				.....Applicant(s)
		Versus
State of U.P.				.....Opposite Party(s)
Counsel for Applicant(s)	:	Manindra Dwivedi	Mohan	Pandey, Pankaj
Counsel for Opposite Party(s)	:	G.A.
Court No.- 67

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HON'BLE KRISHAN PAHAL, J.

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List has been revised.

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Heard Sri Pankaj Dwivedi, learned counsel for the applicant, Sri Arvind 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.530 of 2024, under Section 103(1) B.N.S., 2023, Police Station Ramgarh Tal, District Gorakhpur, during the pendency of trial.

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As per prosecution story, the applicant and the co-accused persons were cooking meat and had an altercation during the said cooking and thereby the applicant stabbed the deceased person with knife, who in an injured state came to the house of the informant, whereby he was rushed to hospital and he succumbed to the injuries sustained on 13.09.2024.

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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. No time of offence is mentioned in the FIR, although it was instituted at 7:23 p.m. itself. The allegations made in the FIR indicate to be a case of sudden provocation. Even the allegations in the FIR stand falsified from the postmortem report, whereby one lacerated wound another contused swelling were observed on the chest of the deceased person, as such, it is a clear-cut case of false implication.

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BAIL No. 27819 of 2025

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2

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Learned counsel for the applicant has further argued that there is no criminal history of the applicant. The applicant is languishing in jail since 20.09.2024 and he is ready to cooperate with trial. 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 but the submissions raised by the learned counsel for the applicant could not be disputed.

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The well-known principle of "Presumption of Innocence Unless Proven Guilty," gives rise to the concept of bail as a rule and imprisonment as an exception.

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A person's right to life and liberty, guaranteed by Article 21 of the Indian Constitution, cannot be taken away simply because the person is accused of committing an offence until the guilt is established beyond a reasonable doubt. Article 21 of the Indian Constitution states that no one's life or personal liberty may be taken away unless the procedure established by law is followed, and the procedure must be just and reasonable. The said principle has been recapitulated by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and Ors., 2022 INSC 690 .

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Reiterating the aforesaid view the Supreme Court in the case of Manish Sisodia Vs. Directorate of Enforcement 2024 INSC 595 has again emphasised that the very well-settled principle of law that bail is not to be withheld as a punishment is not to be forgotten. It is high time that the Courts should recognize the principle that “bail is a rule and jail is an exception” .

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Learned A.G.A./State Law Officer could not bring forth any exceptional circumstances which would warrant denial of bail to the applicant.

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It is settled principle of law that the object of bail is to secure the attendance of the accused at the trial. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned A.G.A./State Law Officer.

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BAIL No. 27819 of 2025

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3

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that the allegations made in the FIR do not match with the post-mortem report, and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed .

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Let the applicant- Jhhinak @ Khanna @ Surya Prakash , 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 pressurise/intimidate with the prosecution witnesses.

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(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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(Krishan Pahal,J.)

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October 27, 2025

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(Ravi Kant)

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

Jhhinak @ Khanna @ Surya Prakash v. State of U.P.

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