Neutral Citation No. - 2025:AHC:120285 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16679 of 2025 Applicant :- Mujeeb Alias Moziburrahman Opposite Party :- State of U.P. Counsel for Applicant :- Maksood Ahmad Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Mohd. Afzal Ansari, Advocate holding brief of Sri Maksood Ahmad, learned counsel for the applicant, Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 42 of 2025, under Sections 118(1), 115(2), 351(2), 352, 109 B.N.S., Police Station- Dakshin Tola, District- Mau, during the pendency of trial. 4. As per prosecution case, applicant is stated to have assaulted the informant on 14.03.2025 at about 01:20 PM by stabbing him and causing two injuries to him thereby the FIR was instituted by the injured person the same evening at 07:33 PM. 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. It is argued that the FIR is delayed by abut six hours and there is no explanation to the said delay caused. Learned counsel has stated that injured person is himself the informant, as such, it indicates that the injury was not dangerous to life. Initially the FIR was instituted for causing simple hurt only, but, subsequently the allegations of attempt to murder have been made. X-ray report does not indicate any fracture in the body of the injured person. The supplementary report also does not indicate the injuries to be dangerous to life but the Doctor in his statement recorded by the Investigating Officer has stated that the injuries were dangerous to life. It is further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 17.03.2025. 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 index finger of the applicant was also found injured at the time of his arrest, as such, he was the person who has assaulted the injured person. 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 fact that the FIR is delayed by about six hours and the injury report 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-Mujeeb Alias Moziburrahman, 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 Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad