HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 8395 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Supplementary affidavit filed today is taken on record. 3. Heard Sri Shailesh Singh Yadav, learned counsel for the applicant, Sri Vaibhav Yadav, learned counsel for the informant, Sri Amit Kumar, learned State Law Officer for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.341 of 2024, under Sections 109(1), 117(2), 3(5), 115(2), 118, 352, 351(2) B.N.S., Police Station Chaubeypur, District Kanpur Nagar, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have hit the injured person by an axe, while the other persons had caused injuries to him on 31.10.2024 at about 4:30 p.m. 6. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about six days and there is no explanation of the said delay caused. The instant FIR is a counterblast to FIR No.301 of 2024 instituted under Sections 333, 351(2), 115(2) B.N.S. registered at the same police station regarding the indecent act committed with the sister of the applicant. The informant herein is the accused in the said case. Versus Counsel for Applicant(s) : Deepak Kumar Dubey, Shailesh Singh Yadav, Yadavendra Dwivedi Counsel for Opposite Party(s) : G.A., Phool Singh Yadav, Vaibhav Yadav Ashwani @ Sonu .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Learned counsel for the applicant has further argued that there is no criminal history of the applicant. The applicant is languishing in jail since 24.01.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that the injuries sustained by the injured person were found dangerous to life and there is consistent statement of the informant and the injured person corroborating the allegation made in the FIR. The applicant is the main accused person having assaulted and caused incised wound to him by using an axe, 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, the evidence on record, taking into consideration the delay in institution of FIR and there being an FIR instituted from the side of the applicant against the informant and other family members, and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 10. Let the applicant- Ashwani @ Sonu, 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 shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall 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. 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. (Krishan Pahal,J.) September 16, 2025 (Ravi Kant) BAIL No. 8395 of 2025 2 Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad