Neutral Citation No. - 2025:AHC:74024 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15375 of 2025 Applicant :- Anil Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Istiyaq Khan, Advocate holding brief of Sri Vinod Kumar Yadav, learned counsel for the applicant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.386 of 2024, under Sections 3(5), 109, 115(2), 351(2), 352, 103 B.N.S. and 4/25 Arms Act, Police Station- Bilariyaganj, District- Azamgarh, during the pendency of trial. 4. As per prosecution story, the applicant alongwith three other co- accused persons is stated to have assaulted the father of the informant and other family members thereby causing murder of his father and injuring six persons in all on 31.10.2024 at about 08:00 p.m. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about one day and there is no explanation of the said delay caused. It is true that there is one deceased and six injured persons but there is a cross-version to the instant case as FIR No.388 of 2024 was instituted from the side of applicant as the four named accused persons have also sustained injuries in the said incident. 6. Learned counsel for the applicant has further stated that there being cross-version it cannot be ascertained as to which party was the aggressor one, as such, the applicant is entitled for bail. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 2.11.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application on the ground that the injuries sustained by the applicant and other co- accused persons are simple in nature and there is one deceased and six injured persons from the side of informant, as such, it cannot be termed to be cross-case rather the time of offence mentioned in FIR No.388 of 2024 is 10:00 p.m. while the instant FIR mentions that offence was committed at 08:00 p.m., as such, the applicant is not entitled for bail. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that there is cross- version to the instant case coupled by the fact that both sides have sustained injuries and at this point of time it cannot be ascertained as to which party was the aggressor, 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- Anil, 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. (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. 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 :- 7.5.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad