Neutral Citation No. - 2025:AHC:121650 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17823 of 2025 Applicant :- Yakesh Alias Chhotey Opposite Party :- State of U.P. Counsel for Applicant :- Amar Singh Yadav Counsel for Opposite Party :- G.A.,Jitendra Pal Singh Jadaun Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Amar Singh Yadav, learned counsel for the applicant and Sri Jitendra Pal Singh Jadaun, learned counsel for the informant as well as Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 85 of 2025, under Sections 333, 115(2), 352, 351(3), 109, 110 of BNS and Section 3/25/25 of Arms Act, Police Station Dadon, District Aligarh, during the pendency of trial. 4. As per prosecution story, the applicant and other co-accused persons are stated to have barged into the house of the informant in the night of 29.03.2025 at about 1 a.m. and had assaulted the informant and his family members thereby causing injuries to two ladies. There are allegations that one of the accused person fired at the sister-in-law of the informant, which did not hit her. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about 13 hours and there is no explanation of the said delay caused. 6. Learned counsel has further stated that even the medical examination has been undertaken belatedly. The injuries sustained by the two ladies are simple in nature. A physical brawl has been converted to that of murder and there is no evidence of any fire being hit on the informant or his family members, as such the applicant is entitled for bail. 7. The criminal history of four cases assigned to the applicant has been explained as the applicant has been granted bail in two cases and has applied for bail in two other cases. The applicant is languishing in jail since 04.04.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned AGA and learned counsel for the informant have vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant. 9. In the case of Prabhakar Tewari Vs. State of U.P. and another, (2020) 11 SCC 648, the Supreme Court has observed that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the delay in institution of the FIR, I find it a fit case to release the applicant on bail. The bail application is allowed. 11. Let the applicant- Yakesh Alias Chhotey, 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 the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall appear before the trial court on the date fixed. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. 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 :- 24.7.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad