HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33318 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Ashish Tyagi, learned counsel for the applicant and Sri Deepak Kumar Tyagi, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 148 of 2025, under Sections 191(2), 191(3), 190, 115(2), 352, 131, 351(3) & 109(1) of BNS and Sections 4/25 of Arms Act, Police Station - Wave City, District - Ghaziabad, during the pendency of trial. 4. As per prosecution story, the applicant along with four named co-accused persons and 2-3 unknown persons is stated to have assaulted and caused injuries to the informant's son and when the informant's brother Uday reached there and has tried to intervene, they are stated to have assaulted him as well with knives on 25.5.2025 between 09:30 to 10:00 PM. 5. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about 16 hours and there is no explanation of the said delay caused. 6. Learned counsel has also stated that as per the FIR version, there are two injured persons but there is injury report of only one injured person i.e. Dev. No injury has been observed on the body of the other injured person, Uday. Even the statement of the doctor conducting medical examination and treatment of the injured person indicates about the injury sustained by Dev only. 7. Learned counsel has next contended that it is true that the injured person sustained injuries are grievous in nature and dangerous to life as the stab tore one of his lungs which was filled with blood but the allegations are per se false. No overt act has been assigned to any particular person. There is general and omnibus allegations against all the accused persons. The applicant is languishing in jail since 16.06.2025, having no Versus Counsel for Applicant(s) : Ashish Tyagi, Kapil Tyagi Counsel for Opposite Party(s) : G.A. Prince .....Applicant(s) State of U.P. .....Opposite Party(s) criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 8. Per contra, learned AGA has vehemently opposed the bail application on the ground that as per the statement of the doctor, the injuries were grievous in nature and would have led to his death also, if not treated properly, as such, the applicant is not entitled for bail. However, he could not dispute the fact that the applicant has no criminal history. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, nature of offence, severity of punishment and also considering the delay of 16 hours in lodging the FIR coupled by the fact that there being general and omnibus allegations against all the accused persons, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Prince, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will 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 25, 2025 Siddhant BAIL No. 33318 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad