HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 4942 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Vishal Agarwal, learned counsel for the applicant and Sri Jitendra Pal Singh Jadaun, learned counsel for the informant as well as Sri Durg Vijay Singh, learned A.A.G. assisted by Sri Sunil Kumar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 320 of 2024, under Sections 115(2), 118(1), 352, 351(2), 109 of BNS, Police Station - Hathras Junction, District - Hathras, during the pendency of trial. 4. As per prosecution story, the applicant and other co-accused persons are stated to have assaulted the informant's grand-son on 03.09.2024 at about 08:30 PM. The applicant is stated to have caught hold of him and the co-accused, Chottu Alias Dharamveer, is stated to have caused stab wound to him, causing injuries to his abdomen. 5. Learned counsel for the applicant has submitted 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 FIR is delayed by more than four hours and there is no explanation of the said delay caused. 6. Learned counsel has also stated that there are contradictions in the statement of the injured person to the FIR as in the FIR, time of offence is mentioned as 08:30 PM while in his statement, it is 03:30 PM. 7. Learned counsel has further contended that the applicant is languishing in jail since 25.09.2024, having no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 8. Per contra, learned AAG assisted by learned AGA and learned counsel for the informant have vehemently opposed the bail application on the ground that the FIR is Versus Counsel for Applicant(s) : Vishal Agarwal Counsel for Opposite Party(s) : G.A., Jitendra Pal Singh Jadaun Vijaypal Alias Naipali .....Applicant(s) State of U.P. .....Opposite Party(s) prompt as it was instituted within a reasonable time. The doctor conducting the medical examination and the treatment of the injured person, has categorically stated that the said injury was dangerous to life, as such, he is not entitled for bail. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, nature of offence, severity of punishment, period of incarceration and also considering the role assigned to the applicant of having caught hold of the victim which distinguishes his role to the main accused Chottu Alias Dharamveer, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Vijaypal Alias Naipali, 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. 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 16, 2025 Siddhant BAIL No. 4942 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad