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

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

What the court decided

AI extract

Outcome

Bail granted to applicant Ajeem on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with sureties to be verified before issuance of the release order, subject to conditions: (i) no tampering with evidence during trial; (ii) no pressurising/intimidating prosecution witnesses; (iii) appearance before the trial court on fixed dates; breach of any condition to be a ground for cancellation of bail.

Issue for consideration

Whether the applicant Ajeem, arraigned in Case Crime No. 349 of 2025 under Sections 109, 115(2), 352 and 3(5) BNS, Police Station Hapur Nagar, District Hapur, is entitled to release on bail during the pendency of trial. +1 more

Court's answer

Considering the facts and circumstances of the case, the submissions of learned counsel for the parties, the evidence on record, the delay in institution of the FIR and the injury sustained by the injured person, the Court found that the applicant had made out a case for bail and allowed the bail application.

Ratio / Principle

The grant of bail rested expressly on the delay in institution of the FIR and on the injury sustained by the injured person.

Key takeaways

The applicant Ajeem is to be released on bail upon 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 the release order is issued, subject to conditions (no tampering with evidence; no pressurising/intimidating prosecution witnesses; appearance before the trial court on dates fixed); breach of the conditions shall be a ground for cancellation of bail.ratio¶19
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¶23

Detailed headnote1 paragraphs

Bail granted - Ajeem v. State of U.P. - Criminal Misc. Bail Application No. 29221 of 2025 (High Court of Judicature at Allahabad, Court No. 67, Krishan Pahal, J.), decided September 16, 2025 - Case Crime No. 349 of 2025, Sections 109, 115(2), 352, 3(5) BNS, Police Station Hapur Nagar, District Hapur - applicant allegedly stabbed the informant's brother on 08.06.2025 at about 6:30 p.m.; defence contended false implication, FIR delayed by more than four and a half hours without explanation, and injury grievous but not dangerous to life; applicant has no criminal history and is in jail since 25.06.2025. Considering the delay in institution of the FIR and the injury sustained, the Court held 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 (sureties to be verified pre-release), subject to conditions of no tampering with evidence, no pressurising/intimidating prosecution witnesses, and appearance on dates fixed; breach to be a ground for cancellation; observations in the bail order not to affect the trial Judge's independent opinion.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 29221 of 2025

Ajeem

.....Applicant(s)

Versus State of U.P. .....Opposite Party(s) Counsel for Applicant(s) : Pradeep Kumar Bhardwaj Counsel for Opposite Party(s) : G.A.

Court No. - 67

HON'BLE KRISHAN PAHAL, J.

List has been revised.

Heard Sri Pradeep Kumar Bhardwaj, learned counsel for the applicant and Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the record.

Applicant seeks bail in Case Crime No. 349 of 2025, under Sections 109, 115(2), 352, 3(5)of BNS, Police Station Hapur Nagar, District Hapur, during the pendency of trial.

As per prosecution story, the applicant along with three co-accused persons are stated to have intercepted the informant and after an altercation, is stated to have assaulted him causing stab wounds to the brother of the informant on 08.06.2025 at about 6:30 p.m. The role of stabbing the injured person has been assigned to the applicant.

Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence.

Learned counsel has next stated that the allegations are per se false. The FIR itself is delayed by more than four and half hours and there is no explanation of the said delay caused. The injury was not dangerous to life, although the doctor has opined that the said injury was grievous in nature.

BAIL No. 29221 of 2025

2

There is no criminal history of the applicant. The applicant is languishing in jail since 25.06.2025 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 A.G.A. 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 taking into consideration the delay in institution of the FIR and taking into account the injury sustained by the injured person, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed .

Let the applicant- Ajeem , 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 shall not tamper with the 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 16, 2025 Sumit S

Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad