HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33408 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Supplementary affidavit filed today is taken on record. 3. Heard Sri Vishal Jaiswal, learned counsel for the applicant, Sri Visheshwar Mani Tripathi, learned counsel for the informant, Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.469 of 2025, under Sections 191(2), 115(2), 352, 351(3), 131, 109 B.N.S., Police Station Khorabar, District Gorakhpur, during the pendency of trial. 5. As per prosecution story, the applicant alongwith co-accused persons is stated to have assaulted and caused grievous injuries to the cranium of the injured person Rajan Yadav by an axe on 08.07.2025 at about 6:30 p.m. 6. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about one and half day and there is no explanation of the said delay caused. It is true that the injured person had sustained grievous injuries, but two persons from the side of the applicant had also sustained injuries and FIR No.470 of 2025 was instituted from the side of the applicant, which was instituted about one and half hours after the instant FIR. The injuries sustained by two persons from the side of the applicant Versus Counsel for Applicant(s) : Ashok Kumar Yadav, Vishal Jaiswal Counsel for Opposite Party(s) : G.A. Deepnarain Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) have not been explained by the prosecution. 7. Learned counsel for the applicant has further argued that at this point of time, it cannot be ascertained as to which party was the aggressor one. There is no criminal history of the applicant. The applicant is languishing in jail since 22.07.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in institution of FIR and there being cross version to the instant case, 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. 10. Let the applicant- Deepnarain Yadav, 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 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. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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. September 26, 2025 (Ravi Kant) BAIL No. 33408 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad