Neutral Citation No. - 2025:AHC:72574 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6925 of 2025 Applicant :- Kundan And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ritesh Tiwari,Surendra Mohan Mishra Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. Instant application filed on behalf of applicants Kundan and Suresh under Section 483 of B.N.S.S seeking bail in Case Crime No.453 of 2024, under Sections 191 (2), 191 (3), 115 (2), 118 (1), 117 (2), 109 , 333, 352, 351 (2), 324 (4) B.N.S., Police Station Vishunpura, District Kushinagar. 2. Learned counsel appearing for the applicant submitted that first information report was lodged by the informant namely Vishwasi Devi on 01.12.2024 against 15 named persons including the applicants. After lodging of the F.I.R., Investigating Officer has recorded the statement of informant under Section 180 of BNSS, in which she has levelled the general allegations against all the accused persons and no specific role has been assigned to the present applicants. Learned counsel further submitted that the incident took place on 05.11.2024 while the first information report was lodged on 01.12.2024 after a delay of about 24 days without any explanation of delay of lodging the F.I.R. There are cross fight between both the sides i.e. applicants and informant. Both the sides have received injury in the aforesaid incident. From the side of informant five persons have sustained injuries whereas from the applicant's side three persons have sustained injuries. The applicant has also lodged F.I.R. against the informant and others under Sections 191 (2), 115 (2), 352, 351 (2), 333, 324 (4) and 117 (2) of B.N.S. Learned counsel appearing on behalf of applicants further submitted that from the side of informant except the injured/informant Vishwasi Devi no one has sustained grievous injuries. As per the doctor opinion the said injuries are also not threat to life. Learned counsel further submitted that charge sheet has already been filed on 23.02.2025. Learned counsel further submitted that applicants have no previous criminal history and they are languishing in jail since 04.01.2025. Learned counsel appearing on behalf of applicants also undertaken that they will abide by all terms and conditions as imposed by this Court while granting bail. 3. Per contra, learned A.G.A. appearing on behalf of State vehemently opposed the instant bail application but he has not contradicted the facts as stated above by learned counsel for the applicants. 4. Heard learned counsel for the applicants as well as learned A.G.A. appearing on behalf of the State in advance notice and perused the contents made in the first information report as well as material placed on record. 5. Applicants are languishing in jail since 04.01.2025 and they have no previous criminal antecedetns. Charge sheet has already been filed after completion of investigation. The injuries sustained by the injured persons not in grievous in nature. There are no credible evidence on record to link the applicants to the aforesaid offence. There is very dim chance of completion of trial in near future. It is also undertaken on behalf of applicants that they will abide by all terms and conditions as imposed by this Court while granting bail. No material brought on record by the learned A.G.A. that applicants will not co-operate in trial and they may influence the witnesses. 6. Taking into consideration all entirety of the matter as discussed above, evidence and material on record, nature of offence, without expressing any opinion on the merits of the case, I am inclined to grant bail to the applicants. Accordingly, the bail application is allowed. 7. Let the applicants- Kundan and Suresh who are involved in aforementioned case crime be released on bail on their 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 applicants shall not tamper with evidence. (ii) The applicants 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 applicants are 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 them in accordance with law. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 6.5.2025 AKT (Chandra Dhari Singh, J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad