HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9885 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Supplementary affidavit filed today in Court is taken on record. 2. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. 3. The applicant seeks enlargement on bail in FIR No.170 of 2025, under Sections 115(2), 352, 351(3), 105 of BNS, Police Station Ashiyana, District Lucknow. 4. The FIR in question was lodged against unknown person alleging that on 18.05.2025, the younger brother of the informant aged about 30 years was sitting at a particular place in the colony when some unknown person attacked him with wooden rod, which resulted into substantial injury for which the injured was admitted to the command hospital. It was also stated that the wooden rod, by which the offence was caused, stained with blood. The applicant is not named in the FIR. Subsequently, the mother of the deceased stated that the deceased prior to his death had informed that on the date of the incident, the deceased had a right with the applicant, who committed the offence. The recovery of the Danda (wooden rod) was done on 18.06.2025 after about one month of the alleged incident. Based upon the recovery memo and the confessional statement, the applicant was linked with the offence in question. Versus Counsel for Applicant(s) : Padmakar Nath Tripathi, Jatin Gajwani, Javed Ahmad Siddique, Parvez Ahmad Siddiqui Counsel for Opposite Party(s) : G.A. Shivom Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. .....Opposite Party(s) 5. Learned A.G.A. vehemently opposed the bail prayer. 6. Considering the submissions made at the Bar, prima facie, apart from the confessional statement and the recovery memo, which is not even in the presence of independent witness, coupled with the fact that the FIR discloses the presence of the wooden rod at the place of incident; prima facie, the material to link the applicant with the offence in question is a weak in nature coupled with the fact that the applicant has no criminal antecedents and is languishing in jail since 18.06.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 7. Accordingly, the bail application is allowed. 7. Let the applicant Shivom Kumar be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. November 3, 2025 akverma BAIL No. 9885 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench