Allowed

Balwant Alias Bana v. State of U.P.

Allahabad HC2 Dec 2025BAIL/41422/2025

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant in a case under Section 109(1) BNS, noting a fatal delay in lodging the FIR, the simple nature of the injury, and the absence of corroborative evidence linking the applicant. The court found no apprehension of witness tampering and granted bail on personal bond with sureties.

What did the court decide?

Bail granted on furnishing a personal bond and two sureties subject to conditions to appear before trial court, not tamper with evidence, and not pressurize witnesses.

Balwant Alias Bana vs State of U.P. — Bail and Remand | Allahabad HC (2025)

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD

¶2

CRIMINAL MISC. BAIL APPLICATION No. - 41422 of 2025

¶3

Balwant Alias Bana

¶4

.....Applicant(s)

¶5

Versus State of U.P. .....Opposite Party(s) Counsel for Applicant(s) : Ajeet Kumar, Brij Lal Shukla, Kamla Srivastava Counsel for Opposite Party(s) : G.A.

¶6

Court No. - 64

¶7

HON'BLE VIVEK VARMA, J.

¶8

Heard learned counsel for the applicant and Sri N.K.Sharma, learned AGA for the State-respondent.

¶9

The present bail application under Section 483 BNSS has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 265 of 2025, under Section 109(1) BNS, Police Station Ubhaon, District Ballia during the pendency of trial.

¶10

Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The incident is alleged to have occurred on 27.09.2025. The first information report was lodged on 02.10.2025. The delay is fatal to the prosecution case. The injured was examined by the doctor for the first time on 02.10.2025. As per the medical report, a contusion was found around the neck region. It is contended that the injury was simple in nature. The said injury was not caused by the applicant. At this stage, there is no corroborative evidence to link the applicant with the offence. The applicant is in jail since 03.10.2025 having no criminal history and in case he is enlarged on bail, he will not misuse the said liberty.

¶11

Learned AGA opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶12

Having heard counsel for the parties and having perused the record, this Court prima facie finds that the first information report was lodged

¶13

BAIL No. 41422 of 2025

¶14

¶15

belatedly. As per the medical report, a contusion was found around the neck region. At this stage, there is no corroborative evidence to link the applicant with the offence. Moreover, the applicant has remained confined for almost two months and after submission of charge sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶16

Let the applicant Balwant @ Bana, involved in the aforesaid case 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 the conditions that he:

¶17

(i) shall appear on the date fixed by the trial court;

¶18

(ii) shall not tamper with the prosecution evidence; and,

¶19

(iii) shall not pressurize the prosecution witnesses.

¶20

In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

(Vivek Varma,J.)

December 2, 2025

Lbm/-

Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad

Balwant Alias Bana v. State of U.P.

Case brief

What is this about?

What did the court decide?

Balwant Alias Bana v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shyam Narayan and Another vs State of U.P.

Bachhu Singh vs State of U.P.

Hanuman Singh vs State of U.P.

Mukesh Bansal and 2 Others vs State of U.P.

Abhay Yadav vs State of U.P.

Suryabhan vs State of U.P. and Another