Neutral Citation No. - 2025:AHC:83452 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15814 of 2025 Applicant :- Sanjay Singh Opposite Party :- State of U.P. Counsel for Applicant :- Jai Prakash Singh,Sanjay Kumar Pal Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Jai Prakash Singh, learned counsel for the applicant and Sri Shatrughna Yadav, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 62 of 2025, under Section 124(1) BNS, Police Station- Kotwali, District- Ballia, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, applicant is named in the FIR along with co-accused Mansokhan Singh and as per allegation, applicant and his son i.e. co-accused Mansokhan Singh threw acid upon the son of the informant due to which, he sustained chemical burn but entire allegation levelled against the applicant is totally false. 4. He further submitted that incident is said to have taken place on 03.02.2025 but FIR was lodged on 07.02.2025 and this delay of four days in lodgment of the FIR clearly suggests that it is based on false facts. 5. He further submitted that however, when the statement of the injured was recorded during investigation then he reiterated the version of the FIR but his statement does not appear to be convincing. 6. He further submitted that neither from the medical report of the injured nor from the statement of the doctor, it could be reflected that injured sustained any acid injury. 7. He further submitted that there are some eye-witnesses account and when their statements were recorded during investigation, which have been annexed along with the instant bail application, then they categorically stated that on the date of incident some dispute arose between applicant, informant and injured and thereafter, injured accidentally sustained burn injury and, therefore, statements of eye-witnesses completely belies the prosecution case. 8. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 14.02.2025. 9. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, as per allegation, applicant and his son threw acid due to which, son of the informant sustained burn injury and injured also in his statement recorded during investigation reiterated the version of FIR but neither from the medical report of the injured nor form the statement of the doctor, who treated him, it could be reflected that injured sustained acid injury. 12. Further, form the statements of the eye-witnesses, which were recorded during investigation, it reflects injured accidentally sustained burn injury and considering these statements, the argument advanced by learned counsel for the applicant that story narrated by informant in the FIR and story narrated by the injured prima facie appears to be false, cannot be completely ruled out. 13. Further, even FIR of the present case was lodged after four days. 14. Further, applicant is not having any criminal history and he is in jail in the present matter since 14.02.2025. 15. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant- Sanjay Singh be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 18. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 19. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 17.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad