HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 7993 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 Pradeep Kumar, learned counsel for the applicant, Sri Sushil Kumar, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.263 of 2024, under Sections 118(1), 131, 352, 109(1), 3(5) B.N.S., Police Station Pharenda, District Maharajganj, during the pendency of trial. 5. As per prosecution story, the applicant and co-accused persons are stated to have assaulted the nephew of the informant on 26.08.2024 at about 10:00 PM thereby causing injuries to him over a previous enmity. 6. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The FIR is delayed by about 16 hours and there is no explanation to the said delay caused. The applicant has nothing to do with the said offence. The prosecution story has been changed subsequently. There are two injured persons in the incident although the injuries sustained by the other injured-Ranjit Chauhan were simple in nature but the presence of said injured person is not mentioned in the FIR, as such it is a clear cut case of false implication. It is true that injured person sustained injury on his vital part of the body, however, the circumstances speaks volume of false implication. There is no criminal history of the applicant. Versus Counsel for Applicant(s) : Dinesh Kumar Pandey, Manu Sharma, Pradeep Kumar Counsel for Opposite Party(s) : Amit Kumar Verma, G.A. Sewak .....Applicant(s) State of U.P. .....Opposite Party(s) The applicant is languishing in jail since 31.01.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the the delay in institution of FIR and the said anomaly in the number of injured persons and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant- Sewak, 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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. September 12, 2025 Karan BAIL No. 7993 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad