HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 12683 of 2024 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Smt. Swati Agarwal Srivastava, learned counsel for the applicant and Sri Arun Kumar Mishra, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 13 of 2024, under Sections 147, 323, 307, 504, 506 of IPC, Police Station - Shivkuti, District - Prayagraj, during the pendency of trial. 4. As per prosecution story, the applicant and other co-accused persons are stated to have assaulted with lathi, danda and sharp edged weapons and caused injuries to informant's son on 01.02.2024. 5. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed as no time of offence mentioned in it. 6. Learned counsel has also stated that there were six named accused persons including the applicant and one unknown person in the FIR. The other co-accused persons have been granted the benefit of Section 41-A Versus Counsel for Applicant(s) : Hridai Narayan Sharma, Vipin Kumar Singh, Jai Prakash Singh, Neeraj Srivastava, Pankaj Kumar Rai, Ramesh Chand Patel, Shambhavi Nandan, Surendra Kumar, Swati Agrawal Srivastava Counsel for Opposite Party(s) : G.A. Ajay Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) of Cr.P.C. but the applicant was arrested by police. The statement of the injured was recorded later on and he has stated that the applicant had deliberately collided his car with him and run him over twice after the said collision. 7. Learned counsel has next contended that the allegations are per se false as the injuries sustained by the injured person are mostly lacerated wound and none of injuries was caused running over him by car as the doctor has nowhere mentioned the injuries to be crush injuries. Even the concerned radiologist has categorically stated in his statement that there was no fracture found on the skull of the injured person, although injuries were found on his cranium. 8. Learned counsel has lastly contended that the applicant is languishing in jail since 24.02.2024, having no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 9. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the fact that no time of offence mentioned in the FIR and there is no mentioning of injuries caused by car, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed. 11. Let the applicant- Ajay Kumar, 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 tfhe court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. BAIL No. 12683 of 2024 2 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 applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 15, 2025 Siddhant BAIL No. 12683 of 2024 3 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad