Neutral Citation No. - 2025:AHC:121621 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15302 of 2025 Applicant :- Ajay Sahani Opposite Party :- State of U.P. Counsel for Applicant :- Manish Gupta Counsel for Opposite Party :- G.A.,Shweta Nishad Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Manish Gupta, learned counsel for the applicant, Sri Rajendra Prasad Singh, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 1041 of 2024, under Sections 191(2), 191(3), 190, 115(2), 352, 351(2), 351(3), 109, 127(2), 3(5) of BNS, Police Station- Jhangaha, District- Gorakhpur, during the pendency of trial. 4. As per prosecution case, a dispute arose during cricket match on 06.12.2024 at about 07:00 PM and a Panchayat was called on 07.12.2024 at about 03:30 PM in the village whereby person from both sides gathered but the matter of heated argument led into physical brawl between the parties whereby several persons were injured in the incident. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. Learned counsel for the applicant further argued that it is true that two persons from the side of the informant are grievously injured in the said act, however, there is a cross version in the instant case. The FIR No. 1036 of 2024 was instituted by the applicant's side on 08.12.2024 at about 01:09 AM itself wherein four persons sustained injuries from the applicant's side. It is true that injuries sustained by two persons on informant's side are grievous and one of them has sustained almost fatal injuries but the injuries sustained by the four persons from the side of the applicant have not been explained. There being cross-version of the incident, as such, at this point of time, it cannot be ascertained as to which party was the aggressor. 6. Learned counsel has fairly argued the fact that bail application co-accused has been rejected by co-ordinate Bench of this Court vide order dated 21.04.2025, however, applicant has made out a case for bail as there is no recovery from his possession whatsoever. It is further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 10.12.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned counsel for the informant as well as 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 and considering the fact that there is cross-version of the instant case coupled with the fact that the FIR is delayed by about two days 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- Ajay Sahani, 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 pressurize/intimidate 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. Order Date :- 24.7.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad