Neutral Citation No. - 2025:AHC:93526 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10706 of 2025 Applicant :- Virendra And Another Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Giri,Brajesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Abhishek Giri, learned counsel for the applicants and Ms. Ifrah Islam, learned State Law Officer and also perused the material placed on record. 3. Applicants seek bail in Case Crime No. 72 of 2025, under Sections 191(2), 191(3), 115(2), 109, 333 of BNS, Police Station - Khorabar, District - Gorakhpur, during the pendency of trial. 4. As per prosecution story, the applicants along with three other co-accused persons and some unknown persons is stated to have barged into the house of the informant on 03.02.2025 and had assaulted him with knife, rod and punch with an intention to cause his death. The victim was rushed to the hospital and thereupon the FIR was instituted. 5. Learned counsel for the applicants has argued that the applicants are absolutely innocent and have been falsely implicated in the present case. They have nothing to do with the said offence as alleged in the FIR. The FIR is delayed as no time of offence is mentioned in it. There are general and omnibous allegations levelled in the FIR against all the accused persons. 6. Learned counsel has also stated that no particular role has been assigned to any person whatsoever. It is true that the informant had sustained two injuries; one is over right side of his head and another is on his abdomen. The injury no.1 sustained by the injured is not dangerous to life and injury no.2 is not on vital organ. There is material contradictions in the statement of the injured and the eye-witnesses to the FIR. They have not assigned any particular weapons to any of the accused persons. There is no criminal history of the applicants. The applicants are languishing in jail since 04.02.2025 and they are ready to cooperate with trial. In case, the applicants are released on bail, they will not misuse the liberty of bail. 7. Per contra, learned State Law Officer has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicants and also the fact that the applicants have no criminal history. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, delay in lodging the FIR and also considering the fact that there are general and omnibous allegations against all the accused persons coupled by the fact that no time of offence is mentioned in the FIR, I find it a fit case to release the applicants on bail. The bail application is allowed. 9. Let the applicants- Virendra and Omkar, who are involved in aforementioned case crime be released on bail on their 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 applicants will not tamper with the evidence during trial. ii) The applicants will not pressurise/intimidate with the prosecution witnesses. iii) The applicants will appear before the trial court on the date fixed. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. It is made clear that observations made in granting bail to the applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date:- 30.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad