Neutral Citation No. - 2025:AHC:66251 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5396 of 2025 Applicant :- Islam Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Singh Baish Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, seeking enlargement on bail in Case Crime No. 72 of 2024, under Sections 109, 333 of the Bharatiya Nyaya Sanhita, 2023, Police Station Shahganj, District Prayagraj during the trial of the case. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is not named in the FIR. He has been falsely implicated in the said case due to ulterior motive. He is innocent person and has not committed any offence as alleged in the F.I.R. It is submitted that the applicant who is 19 years young boy is deaf and dumb and and a person of clean antecedents. He has submitted that his name was disclosed in the statement of the injured persons approximately after two days. The injured persons disclosed the name of the applicant for the purpose of false implication due to ulterior motive. It is also submitted that the applicant is languishing in jail since 27.11.2024. It is further submitted that the charge-sheet has been filed on 25.12.2024. The concerned court has taken cognizance and charge has also been framed. On instructions, learned counsel for the applicant undertakes that the applicant shall abide by all terms and conditions imposed by this Court while granting the bail. He has prayed for enlarging the applicant on bail. 3. Per contra, learned counsel appearing on behalf of State who has accepted notice in advance vehemently opposed the instant bail application and submitted that the injuries sustained by injured are grievous in nature which are on vital part of the body. As per the injury report, he has pointed out all injuries of the injured i.e. 10 cm.x 3 cm.x 0.5 cm. exposing beneath the skin, heavy bleeding present injury is situated over any aspect on neck just above bone, crush injury situated over webcoy left palm between thumb and index finger by size approx 5 cm.x 3 cm x deep tissue exposed bleeding present. It is further submitted that taking into consideration of the entire facts, the present applicant has caused injuries by sharp weapon to the injured with intention to kill but he has not denied that the applicant is a man of clean antecedents and also young deaf and dumb boy. 4. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 5. I have perused the injury report as mentioned in the rejection order dated 19.12.2024 passed by the trial court. After perusing the injury report, no doubt the injuries are grievous in nature. The injured was admitted in hospital on 16.09.2024 and discharged on 18.09.2024 after completion of the treatment. Taking into consideration of the fact that the applicant was not named in the FIR. He is languishing in jail since 27.11.2024. The charge has been filed before the competent court and the court concerned has taken cognizance and charge has also been framed. The applicant who is 19 years young boy is deaf and dumb. It is not brought in the notice of the Court that the applicant will not cooperate with the trial or he may influence the witness or tamper the evidence. There are no chance for completion of the trial in the near future and it is also undertaken by the applicant that the applicant shall abide by all terms and conditions as imposed by this Court. Taking into consideration all entirety of the matter as discussed above, I am inclined to grant bail to the applicant. The bail application is allowed. 6. Let the applicant- Islam who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 29.4.2025 Pratima (Chandra Dhari Singh,J.) Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad