Neutral Citation No. - 2025:AHC:119918 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15733 of 2025 Applicant :- Ram Ashish Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Hanuman Deen Verma Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Hanuman Deen Verma, learned counsel for the applicant, Sri Arun Kumar Sharma, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 891 of 2024, under Sections 118(1), 351(3), 352, 109 BNS and Section 4/5 of Arms Act, Police Station- Khalilabad, District- Sant Kabit Nagar, during the pendency of trial. 4. As per prosecution case, applicant is stated to have assault the son of the informant on 19.11.2024 at about 09:00 AM causing stab injuries to him by knife. 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. The FIR is delayed by nine hours and there is no explanation to the said delay caused. Nature of injuries was not mentioned by the Doctor, although, subsequently in his statement, he has stated that they were grievous in nature and the said injuries were dangerous to the life of victim. The said allegations are, per se, false. Situs of the injuries indicates that they were not on vital part of the body of the injured person. It is further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 21.11.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application on the ground that the said stabs were grievous in nature, as such, applicant is not entitled for bail. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the delay in institution of FIR coupled with the fact that FIR was initially instituted under Section 118(1) BNS only and applicant having no criminal history to his credit 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. 8. Let the applicant- Ram Ashish Yadav, 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. 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 :- 22.7.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad