Neutral Citation No. - 2025:AHC:73694 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14288 of 2025 Applicant :- Kailash Opposite Party :- State of U.P. Counsel for Applicant :- Abrar Ahmad Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. Instant application filed under Section 483 of B.N.S.S seeking bail in Case Crime No. 44 of 2025, under Sections 191 (2), 191 (3), 190, 109 (2) , 308 (2), 115 (2), 352, 351 (2) of B.N.S., Police Station Khutar, District Shahjahanpur. 2. Learned counsel appearing on behalf of applicant submitted that applicant is innocent and he has not committed any offence as alleged in the F.I.R. Learned counsel further submitted that due to sudden provocation both the sides indulged in fights and due to that the injuries sustained by the persons from both the sides. There are first information reports lodged about the incident taken place as stated by both the sides. In the instant F.I.R., in which the applicant is seeking bail, the injuries sustained by the injured are simple in nature and not on the vital part of the body. It is further submitted that out of eight accused persons, three were assigned the role of holding knife and the injuries sustained by the injured are also from the sharp-edged weapon. Learned counsel further submitted that incident has taken place suddenly and there was no mens rea for committing the said offence, therefore, there are no ingredients to satisfy the offence punishable under Section 109 of B.N.S. No recovery has been made from the possession of the applicant. Applicant is having two cases criminal history which has been explained in para-17 of the affidavit filed in support of bail application. Learned counsel further submitted that investigation in the instant matter is still going on. Applicant is languishing in jail since 17.03.2025. Learned counsel appearing on behalf of applicant also undertaken that he will abide by all terms and conditions as imposed by this Court while granting bail. 3. Per contra, learned A.G.A. appearing on behalf of State vehemently opposed the instant bail application. 4. Heard learned counsel for the applicant as well as learned A.G.A. appearing on behalf of the State in advance notice and perused the contents made in the first information report as well as material placed on record. 5. It is admitted fact that applicant is languishing in jail since 17.03.2025. After perusing the injury report, the injuries sustained by the injured are not on the vital part of the body and the injuries were also sustained by the sharp-edged weapon as well as hard and blunt object. It is also undertaken on behalf of applicant that he will abide by all terms and conditions as imposed by this Court while granting bail. 6. Taking into consideration all entirety of the matter as discussed above, nature of injuries, nature of offence and material on record, without expressing any opinion on the merits of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed. 7. Let the applicant- Kailash, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- 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. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 7.5.2025 AKT (Chandra Dhari Singh,J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad