Neutral Citation No. - 2025:AHC:107254 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17255 of 2025 Applicant :- Kamal Kant Pathak Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Srivastava,Ravi Pandey,Saksham Srivastava Counsel for Opposite Party :- G.A.,Shyam Babu Vaish Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Akhilesh Srivastava, learned counsel for the applicant, Sri Shyam Babu Vaish, learned counsel for the informant and Sri Uday Bhan, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicants on bail in Case Crime No.166 of 2025, under Sections-115(2), 352, 351(3), 109(1), 117(2) of B.N.S., 2023, Police Station-Iglas, District-Aligarh, during the pendency of the trial. 3. Learned counsel for the applicant has submitted that over a dispute for parking a car incident in question has occurred wherein the allegation is made that the present applicant along with the co- accused attacked the injured with lathi and danda and caused two head injuries. Though, the injured Yogesh Kumar himself lodged an FIR and he made general allegation his statement u/s 180 BNSS against all accused persons. Even otherwise from the perusal of the FIR as well as statement of the witnesses, it is clear that the incident was not pre-meditated, was caused in sudden quarrel. Therefore, even if injuries are accepted, the offence at the most would come u/s 110 BNSS which is punishable up to 7 years. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. Applicant has also explained his criminal history of two cases in the accompanying affidavit. The applicants are law abiding citizens and they are languishing in jail since 19.04.2025. In case, they are granted bail, they will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Learned counsel for the informant and learned A.G.A. have opposed the prayer for bail but could not dispute the aforesaid facts. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Kamal Kant Pathak, involved in the aforementioned 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, with the following conditions:- i. The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 8.7.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad