Neutral Citation No. - 2025:AHC:109269 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21890 of 2025 Applicant :- Nawab Dulha Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Ashraf Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Mohd. Ashraf, learned counsel for the applicant, Sri Raj Kumar Tripathi, learned counsel for the first informant and Sri Brijesh Kumar Dwivedi, learned A.G.A. for the State. 2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No.148 of 2025, under Sections 115(2), 352, 351(2), 117(2), 109(1) of BNS, Police Station- Devarniyan, District Bareilly. 3. Contention of learned counsel for the applicant is that as per the allegation made in the FIR, the applicant along with three accused persons started beating the children of first informant over a petty dispute. It is further submitted that all the injuries are simple in nature except one, which was caused to injured Salim Ahmad and at this stage, it could not be ascertained, who caused this injury. He further submitted that even the injury caused during a sudden brawl, at most, the case would fall under Section 110 BNS which is punishable upto 7 years. He further added that the charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. The applicant has no criminal history and he is languishing in jail since 13.05.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned counsel for the first informant vehemently opposed the prayer for bail and submitted that once there is serious injury caused to injured Salim Ahmad, therefore, the applicant is not entitled to be enlarged on bail. 5. Learned AGA also adopted the argument of counsel for the first informant. 6. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and nature of injuries which is prima facie fall at most under Section 110 BNS which is punishable up to 7 years 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. 7. Let the applicant- Nawab Dulha 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. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 9.7.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad