HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32870 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Rohit Sharan Tomar, learned counsel for the applicant, Sri D.P. S Chauhan, learned A.G.A. for the State. 2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 142 of 2025, under Sections 115(2), 117(2), 118(2), 351(3), 352 B.N.S., Police Station- Kotwali Nagar, District Etah. 3. Contention of learned counsel for the applicant is that it is clear from the FIR that the applicant is real brother of the husband of first informant and because of sudden brawl during Holi Milan aforesaid injuries was caused by the applicant. It is further submitted that there was no premeditation to cause such injuries which was result of a sudden brawl between the parties. It is further submitted that one injury of co-accused Dharmendra as well as one injury received by the first informant are on non-vital part which does not fall within the Section118(2) BNS. He further submitted that charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. The applicant has no criminal history and he is languishing in jail since 19.06.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned A.G.A. for the State opposed the prayer for bail but could not dispute the aforesaid facts. Versus Counsel for Applicant(s) : Rohit Sharan Tomar Counsel for Opposite Party(s) : G.A. Hemant Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) 5. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Hemant Kumar involved in the aforementioned 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, with the following conditions:- i. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. October 8, 2025 A.Kr. BAIL No. 32870 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad