Neutral Citation No. - 2025:AHC:65733 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13906 of 2025 Applicant :- Ajaypal Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Waseem Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant application has been filed under Section 483 of the BNSS, 2023 for seeking bail in Case Crime No.717 of 2024 under sections 191(2), 333, 115(2), 118(1) and 109 BNS, Police Station - Fareedpur, District – Bareilly during pendency of the trial. 2. Learned counsel appearing on behalf of the applicant submitted that the applicant is innocent and has not committed offence as alleged in the FIR. He has been falsely implicated in this case due to previous enmity. As per the FIR version, the weapon assigned to the applicant is country made pistol, but there are no fire arm injury sustained by the injured persons. It is submitted that in the statement of the injured Rakesh Yadav he stated that the applicant was having country made pistol at the time of incident. It is stated that other injured witnesses have assigned the sharp edged weapon. It is further submitted that bare perusal of the injury report which is appended as annexure-4 of the paper book, both the injured persons sustained injuries which are not dangers to life. It is also submitted that main accused Jaypal who is assigned to Bhala and the injured persons sustained grievous injury on the vital part of the body from the sharp edged weapon i.e. Bhala. 3. After perusal of the injury report of the injured persons, there is no injuries sustained to injured by fire arm. Both the injured persons got injured by sharp and blunt object. There is no recovery made form the possession of the applicant on his pointing out. There is no criminal history against the applicant. He is a man of clean antecedents. After completion of the investigation charge sheet has been filed on 24.2.2025 and cognizance has been taken by the competent court on 21.5.2025. 4. He is languishing in jail since 14.10.2024. It is further stated that there is no chance of conclusion of the trial in near future. 5. It is also submitted that in view of the facts and circumstances of the case, it is prayed on behalf of the applicant that the applicant may be released on bail in the aforesaid crime. It is further undertaken that applicant shall abide by all terms and conditions as imposed by the Court. 6. Per contra, learned counsel appearing on behalf of the State in advance notice has vehemently opposed the instant bail application and has submitted that as per injury report, injury sustained by the injured are grievous in nature but has not denied that charge sheet has been submitted and there is no previous criminal history against the applicant. 7. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 8. I have gone through the contents made in the application as well as the documents appended with the application and perused the affidavit. It is admitted fact that the applicant is languishing in jail since 14.10.2024, charge sheet has been filed, the applicant has no previous criminal history, there is no independent witness of the alleged recovery and there is no chance of early conclusion of the trial. 9. Taking into consideration all entirety of the matter as discussed above, I am inclined to grant bail to the applicant. The bail application is allowed. 10. Let the applicant -Ajaypal, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- (Rs. Fifty thousand)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 the 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 BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate of 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. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 28.4.2025/S.K.S. (Chandra Dhari Singh,J.) Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad