Neutral Citation No. - 2025:AHC:121804 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18304 of 2025 Applicant :- Gopal Opposite Party :- State of U.P. Counsel for Applicant :- Himanshu Mishra Counsel for Opposite Party :- Chandra Prakash Pandey,G.A.,Phool Chandra Saroj Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Himanshu Mishra, learned counsel for the applicant, Sri Phool Chandra Saroj, learned counsel for the informant, Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.31 of 2025, under Sections 333, 118(2), 109(1), 352, 351(2) I.P.C. and 4/25 Arms Act, Police Station Fatehpur, District Sikari, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have barged into the house of the informant over an altercation due to retaining of Rs.70,000/- of the victim on 19.02.2025 and caused grievous injuries to her, thereby severing her one of the fingers. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about six days and there is no explanation of the said delay caused. The medical examination of the victim indicates that there were three injuries sustained by her and two of those injuries were found simple in nature. One was on her head and another was on her back and the third injury, which is regarding amputation of one of the fingers of victim, was found grievous in nature, as such, it is a clear-cut case of false implication. 6. Learned counsel for the applicant has further argued that the case may fall to the maximum causing grievous hurt armed with weapon. There is no criminal history of the applicant. The applicant is languishing in jail since 26.02.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that there is a recovery of a Gadasa at the pointing out of the applicant on 26.02.2025 and the applicant carried a motive as he had usurped Rs.70,000/- of the victim, although he could not dispute the fact that the applicant has no criminal antecedents to his credit. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in institution of FIR and the injury which was regarding amputation of one of the fingers of victim being grievous in nature only, 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. 9. Let the applicant- Gopal, 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 pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad