Neutral Citation No. - 2025:AHC:66007 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4706 of 2025 Applicant :- Kanhaiya @ Krishnaveer Opposite Party :- State of U.P. Counsel for Applicant :- Rajat Kumar Shukla Counsel for Opposite Party :- G.A.,Gaurav Srivastav,Rajesh Kumar Srivastava Hon'ble Chandra Dhari Singh,J. 1. The instant bail application under Section 483 of B.N.S.S. has been filed for bail in Case Crime No.311 of 2024, under Sections 191(2), 191(3), 190, 115(2), 351(2), 352, 324(4), 118(1), 109, 117(2) of B.N.S., Police Station - Barhan, District - Agra. 2. Learned counsel appearing on behalf of applicant has submitted that applicant is innocent person and has not committed any offence as alleged in the F.I.R., he has been falsely implicated due to ulterior motive. The applicant was not named in the F.I.R. and general role has been assigned to all the accused persons. It is further submitted that both side people have sustained injuries. It is also submitted that as per the F.I.R., five persons were injured and the injuries sustained by all the injured persons were not in danger to life. It is further submitted that the injured persons were admitted in hospital, but all were discharged on the next day after getting first aid. It is further submitted that investigation is going on. It is also submitted that applicant is the man of clean antecedents and he has no previous criminal history. Applicant is languishing in jail since 12.01.2025. 3. Taking into consideration the aforesaid facts, it is prayed on behalf of applicant that he may be released on bail in the aforesaid crime. It is further undertaken by learned counsel for the applicant that applicant shall abide by all terms and conditions as imposed by this Court. 4. Per contra, learned AGA vehemently opposed the bail application of applicant and submitted that two injured persons, namely, Brijendra and Dharmendra were sustained injuries by Farsa. He has further submitted that the injuries sustained by both the persons are grievous in nature, but he has not contradicted the facts that the applicant is the man of clean antecedent; he is languishing in jail since 12.01.2025. 5. Learned counsel appearing on behalf of complainant has also opposed the instant bail application and submitted that the injuries sustained by two injured persons as pointed out by learned AGA during arguments, are grievous in nature and Farsa has also been assigned to the present applicant. That fact came in the statement of injured witnesses, Sunil, Brijendra and Ankit. He has further submitted that in view of the facts and circumstances of the case, applicant has miserably failed to make out the case for grant of bail. 6. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 7. I have also perused the injury report which is appended as Annexure - 4 of the paper book. Two injured persons, namely, Brijendra and Dharmendra have sustained the grievous injuries and also dangerous to life as per the opinion of Doctor. After getting treatment they have discharged from the hospital on the next date. Prima facie, I am satisfied that there are no intention to kill any person, as the sudden provocation had taken place between the two parties and both the parties have started quarreling, in which they have sustained injuries. Four persons were injured from applicant's side and five persons were injured from the complainant's side. All the injured persons have been discharged from the hospital after getting first aid treatment. I have also taken into consideration that the applicant is the man of clean antecedent and he has not committed any offence as alleged in the F.I.R., there is no material on record to show that the applicant will not cooperate in the trial or will influence the witness, applicant is languishing in jail for more than three months and there is no possibility of completion of trial in near future. 8. Taking into consideration all the entirety of the matter as discussed above, without expressing any finding or opinion on merits of the case, the applicant is releasing on bail. Accordingly, the bail application is allowed. 9. Let the applicant - Kanhaiya @ Krishnaveer, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.1,00,000/- (One Lac) 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. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. . (Chandra Dhari Singh, J.) Order Date :- 29.4.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad