HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 45155 of 2024 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Ravi Pandey, learned counsel for the applicant, Sri Rohit Dwivedi, learned counsel for the informant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.483 of 2024, under Sections 190, 191(2), 191(3), 109, 351(3), 115(2) B.N.S., Police Station Iglas, District- Aligarh during the pendency of trial. 4. As per prosecution story, the applicant along with other co-accused persons are stated to have assaulted the brother of the informant on 07.09.2024 at about 05:00 PM. 5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. FIR is delayed by 22 hours and there is no explanation to the said delay caused. There is a cross version to the instant case as FIR No. 624 of 2024 was instituted by the applicant against the informant and other family members. The said application was moved on 10.09.2024 itself. There being a cross version, at this point of time it cannot be ascertained as to which party was the aggressor. 6. Learned counsel for the applicant further submits that the co-accused person has already been enlarged on bail. Criminal history of applicant stands explained by way of rejoinder affidavit. It is further argued that the Investigating Officer, during investigation, has exonerated five out of eight Versus Counsel for Applicant(s) : Anand Kumar Yadav, Kamal Kaushal Upadhyay, Ravi Pandey, Sameer Srivastava Counsel for Opposite Party(s) : G.A., Rohit Dwivedi Gaurav Sharma .....Applicant(s) State of U.P. .....Opposite Party(s) accused persons, as such, prosecution story stands falsified.The applicant is languishing in jail since 09.09.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned counsel for the informant as well as learned A.G.A. has vehemently opposed the bail application on the ground that applicant is main accused person as he has stabbed the injured person and caused grievous injuries to him, as such, applicant is not entitled for bail. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that FIR is delayed by about 22 hours and there being a cross version of the instant case, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant- Gaurav Sharma, 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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 11, 2025 Karan BAIL No. 45155 of 2024 2 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad