Kishan Kumar Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Kishan Kumar Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail application allowed; applicant Kishan Kumar 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 (sureties to be verified before the release order), 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; breach shall be a ground for cancellation of bail.

Issue for consideration

Whether the applicant, Kishan Kumar, is entitled to bail in Case Crime No. 142 of 2025 (Sections 109, 189(2), 352 and 125Kha of BNS), Police Station Chakiya, District Chandauli, during the pendency of trial, notwithstanding the A.G.A.'s objection based on the grievous nature of the injuries.

Court's answer

Considering the facts and circumstances, the submissions of counsel, the evidence on record, the delay in institution of the FIR and the fact that the applicant is not named in the FIR, the Court held that the applicant has made out a case for bail and allowed the bail application, notwithstanding the grievous-injury objection of the A.G.A.

Ratio / Principle

The applicant Kishan Kumar 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, with the sureties to be verified before issuance of the release order.

Key takeaways

Release on bail is subject to conditions: the applicant shall not tamper with the evidence during trial, shall not pressurise/intimidate the prosecution witnesses, and shall appear before the trial court on the date fixed; breach of any condition shall be a ground for cancellation of bail.ratio¶19
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¶22

Detailed headnote1 paragraphs

Bail granted (Allahabad HC, Krishan Pahal, J.) to Kishan Kumar in Case Crime No. 142 of 2025 under Sections 109, 189(2), 352 and 125Kha of BNS, Police Station Chakiya, District Chandauli. Decisive factors: applicant not named in the FIR, his name surfacing for the first time in the injured person's supplementary statement; two-day unexplained delay in lodging the FIR; no test identification parade (Section 7, Bhartiya Sakshya Adhiniyam); no criminal history; custody since 24.08.2025. Release ordered on personal bond and two sureties each in the like amount, subject to standard conditions (no tampering with evidence, no intimidation of witnesses, appearance on fixed dates), notwithstanding the A.G.A.'s objection regarding grievous injuries; court's observations expressly not to affect the trial Judge's independent assessment.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 32551 of 2025

Kishan Kumar

.....Applicant(s)

Versus
State of U.P. .....Opposite Party(s)
Counsel for Applicant(s) : Hari Bans Singh
Counsel for Opposite Party(s) : G.A.

Court No. - 67

HON'BLE KRISHAN PAHAL, J.

List has been revised.

Heard Sri Hari Bans Singh, learned counsel for the applicant and Sri Ashwani Kumar Tripathi, learned A.G.A. for the State and perused the record.

Applicant seeks bail in Case Crime No. 142 of 2025, under Sections 109, 189(2), 352, 125Kha of BNS, Police Station Chakiya, District Chandauli, during the pendency of trial.

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 applicant is not named in the FIR. The name of the applicant has come up for the first time in the supplementary statement of the injured person whereby he is stated to have overheard the name of the applicant being taken by the accused persons inter se . There is no test identification parade as per Section 7 of the Bhartiya Sakshya Adhiniyam. The FIR itself is delayed by two days and there is no explanation of the said delay caused.

There is no criminal history of the applicant. The applicant is languishing in jail since 24.08.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

BAIL No. 32551 of 2025

2

Learned A.G.A. has vehemently opposed the bail application on the ground that the injuries sustained by the injured person are grievous in nature, as such the applicant is not entitled for bail.

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 considering the fact that the applicant is not named in the FIR, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed .

Let the applicant- Kishan Kumar , 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 22, 2025 Sumit S

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