HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 47395 of 2024 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Learned counsel for the informant is not present. 2. Supplementary affidavit filed today is taken on record. 3. Heard Sri Karunesh Pratap Singh, learned counsel for the applicant, Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.677 of 2024, under Sections 109, 351(3) B.N.S., Police Station Campierganj, District Gorakhpur, during the pendency of trial. 5. As per prosecution story, the father of the applicant Sheshnath had assaulted the brother of the informant with lathi and subsequently called his wife and his son (the applicant), whereby the applicant and his mother are stated to have assaulted the injured person with a knife and subsequently the said co-accused person Sheshnath is also stated to have caused a stab wound to the injured person. 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 eighteen hours and there is no explanation of the said delay caused. There are general and omnibus allegations against all the three accused persons, but subsequently the father and mother of the applicant have been exonerated. Only applicant has been charge-sheeted. It Versus Counsel for Applicant(s) : Karunesh Pratap Singh, Manoj Kumar Tiwari, Sandeep Kumar Dubey Counsel for Opposite Party(s) : G.A., Santoosh Kumar Dwivedi Karunakar Singh @ Deepu Singh .....Applicant(s) State of U.P. .....Opposite Party(s) is a clear-cut case of false implication. 7. Learned counsel for the applicant has further argued that even the injured had corroborated the allegations as narrated in the FIR. There is no criminal history of the applicant. The applicant is languishing in jail since 19.10.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned A.G.A. has 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 the fact that the co-accused persons have been exonerated in 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- Karunakar Singh @ Deepu Singh, 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 15, 2025 (Ravi Kant) BAIL No. 47395 of 2024 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad