Neutral Citation No. - 2025:AHC:107528 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50019 of 2023 Applicant :- Shri Lal Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Janardan Yadav Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Janardan Yadav, learned counsel for the applicant and Sri Varun Pratap Singh, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 154 of 2021, under Sections 147, 148, 149, 354, 323, 324, 336, 308, 302, 504, 506 IPC, Police Station Jeeyanpur, District Azamgarh, during the pendency of trial. 4. As per prosecution story, an altercation ensued between the parties at the time of going to the temple for worshiping, as such the informant and his family members are stated to have gone to the house of the applicant to get the matter settled but the applicant and other family members are stated have assaulted the father of the informant Bal Kisun, uncle Ramagya, brother Chotelal and Sukhram on 06.06.2021 at about 5 a.m. 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 eight hours and there is no explanation of the said delay caused. 6. Learned counsel has also stated that there is a cross-version of the instant case, as such at that stage, it cannot be ascertained as to which party is aggressor one. It is next stated that the FIR indicates that the applicant had assaulted the deceased person Bal Kisun in his abdomen and given several blows to him but the injury report shows only one incised wound, as such the prosecution story stands falsified. 7. It is true that four persons have sustained injuries from the side of the informant but two persons from the side of the applicant have also sustained injuries. The applicant himself had sustained three injuries. The trial is moving at snail's pace and only one witness of fact has been examined. The applicant is languishing in jail since 26.07.2021. There is no likelihood of early conclusion of trial in near future and the Fundamental Rights of the applicant stand violated as provided under Article 21 of the Constitution of India. The applicant 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 has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 9. 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 and considering the fact that both sides have sustained injuries and it is not possible to ascertain as to which party is aggressor one, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Shri Lal Sharma, 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. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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 :- 8.7.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad