HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9177 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Vakalatnama filed by Sri Himanshu Suryavanshi, Advocate on behalf of the complainant as well as supplementary affidavit filed by the learned counsel for the applicants is taken on record. 2. Heard Sri Harsh Vardhan Shahi & Sri. Ripu Daman Shahi, the learned counsel for the applicants, Sri Himanshu Suryavanshi, the learned counsel for the complainant as well as Sri Prashant Tiwari, the learned A.G.A. for the State and perused the record. 3. The instant application has been filed seeking release of the applicants on bail in Case Crime No.276/2025, under Sections 115(2), 351(3), 352, 190, 191(2), 191(3), 109 B.N.S and Section 3 of Explosive Substance Act, registered at Police Station- Dariyabad, District- Barabanki. 4. The aforesaid case has been registered on the basis of F.I.R. lodged on 29.07.2025 against five named persons including the applicants stating that while the informant's cousin was going to attend the call of nature at about 08:00 AM on 29.07.2025, all the accused persons assaulted him with lathi, danda, farsa, country-made pistol and country-made bomb because of an old animosity. It is alleged that the applicant no.2 was carrying a country- made pistol. Another accused person assaulted the victim with a country- made bomb, due to which, victim suffered injures. Versus Counsel for Applicant(s) : Harsh Vardhan Shahi, Amit Kumar Sonkar, Ripu Daman Shahi Counsel for Opposite Party(s) : G.A. Naumilal And Another .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko .....Opposite Party(s) 5. In the affidavit filed in support of the bail application, it has been stated that the applicants are innocent persons, they have been falsely implicated in the present case. The involvement of applicant no.1 in 5 other cases has been disclosed in the affidavit, in two of the cases, he has been granted bail and in rest of the 3 cases, he has either been acquitted or discharged. The applicant no.2 is also involved in two other cases, in which he has been granted bail. 6. Learned counsel for the applicants has submitted that the site plan shows that the place of incident is in front of the house of the applicants and the incident occurred when the victim himself had called to attack the applicants and he has suffered injured due to a country-made bomb being carried out by him (victim). 7. Per contra, the learned A.G.A. has opposed the bail application and he has submitted that the allegations have been established during investigation and the investigation in the present case is still going on. 8. Learned counsel for the complainant has opposed the prayer of applicants and submitted that the victim has suffered serious injuries in the incident; all the accused persons were involved in attacking the victim and the applicants have not denied their presence at the place of occurrence. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that there is no specific allegation against the applicant no.1; that although, it is alleged that the applicants were carrying a country-made pistol but no gun-shot injury has been suffered by the victim and the allegation is of having received injury by explosion of country-made bomb; no country made pistol has been recovered from applicant no.2, coupled with the fact that the applicants are in languishing in jail since 29.07.2025, whereas the investigation is still going on, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicants on bail. 10. Accordingly, this bail application stands allowed. 11. Let the applicants- Naumilal and Dharmendra- be released on bail in aforementioned case on furnishing separate personal bonds and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, BAIL No. 9177 of 2025 2 subject to the following conditions: - (i) the applicants shall not tamper with the prosecution evidence; (ii) the applicants shall not pressurize the prosecution witnesses; (iii) the applicants shall appear on each and every date fixed by the trial court. September 25, 2025 V. Sinha BAIL No. 9177 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench