HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 47155 of 2024 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Kalp Dev Mishra, learned counsel for the applicant and Sri Shashank Mishra, learned counsel for the informant as well as Sri Ashutosh Srivastava, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 179 of 2024, under Sections 115(2), 352, 109, 351(3), 118(1) of BNS, Police Station - Kamlanagar, District - Agra, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have stabbed the informant's son on 05.10.2024 at about 04:30 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 allegations are per se false as it is a case of sudden provocation as is evident from the statement of the injured person. 6. Learned counsel has also stated that the applicant is the close relative of the victim and had no motive to commit the said offence. The applicant is languishing in jail since 10.10.2024, having no criminal history to his credit. The trial is not moving ahead as no witness has been examined to date and the applicant is incarcerated for more than 11 months. His Versus Counsel for Applicant(s) : Anil Kumar, Kalp Dev Mishra Counsel for Opposite Party(s) : G.A., Shashank Mishra Mayank .....Applicant(s) State of U.P. .....Opposite Party(s) fundamental rights enshrined under Article 21 of the Constitution of India stand violated. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 7. Per contra, learned AGA and learned counsel for the informant have vehemently opposed the bail application on the ground that the injuries were grievous in nature rather it was dangerous to life. Even the intestine of the injured person was bulging out which indicates the gravity of the injuries sustained, as such, the applicant is not entitled for bail. 8. 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 fact that the instant case is of sudden provocation and the period of incarceration of the applicant is more than 11 months and no witness has been examined to date, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed. 9. Let the applicant- Mayank, 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. 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 18, 2025 Siddhant BAIL No. 47155 of 2024 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad