Neutral Citation No. - 2025:AHC:69680 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5793 of 2025 Applicant :- Irfan @ Pauwa Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Bahadur Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Sri Arimardan Yadav, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Irfan @ Pauwa, seeking enlargement on bail in Case Crime No. 363 of 2024, under Sections 109, 115 (2), 351 (2), 351 (3), 333 BNSS and Section 4/25 Arms Act, P.S.- Rorawar, District- Aligarh, during pendency of the trial in the Court below. 3. The allegation made in the FIR is that the applicant and other co-accused persons entered into the house of first informant and with intention to kill his brother namely Shahrookh assaulted him with sharp edged weapons resulting in cut injuries on the neck, hand and leg. The condition of his brother is serious who is hospitalized. 4. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 26.09.2024. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 5. Learned counsel for the applicant submits that the injured was medically examined on 24.09.2024. As per medical examination report one incised wound 5x1 cm over front of neck, horizonal in direction muscle deep KUO Surgeon opinion refer to JBNMC Aligarh, 4 cm below chin. As per the recovery memo one illegal iron knife and Rs. 180/- cash has been recovered from the possession of the applicant. After completing investigation, investigating officer has submitted charge sheet against the applicant on 11.12.2024. It is submitted that the alleged incident is said to be taken place on 24.09.2024 at about 09:30 p.m. and its FIR was lodged on 25.09.2024 at 15:11 hours without given any explanation for delay in lodging the FIR. The alleged incident is said to be taken place in the night, but no source of light has been shown as such, the incident appears doubtful. Hence, bail has been prayed for. 6. Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts. 6. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Irfan @ Pauwa, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 30.4.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad