HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 22207 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Vijay Kumar, Advocate holding brief of Sri Ajay Bahadur Yadav, learned counsel for the applicant, Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 163 of 2025, under Sections 191(2), 115(2), 109(1) B.N.S. and Sections 3/25 Arms Act, Police Station Salempur, District Deoria, during the pendency of trial. 4. As per prosecution story, the applicant along with five named persons and four unknown persons is said to have assaulted and caused grievous injury to the relative of the informant on 07.05.2025. 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 2 days and there is no explanation of the said delay caused. There is no time of offence mentioned in the first information report, as such, it is a clear cut case of false implication. There are general and omnibus allegations against all the accused persons. No particular weapon has been assigned to any person, whatsoever. There is a false recovery of one country made pistol shown from the possession of the applicant while there is no gun-shot injury sustained by the injured. 6. Learned counsel for the applicant has further argued that there is no criminal history of the applicant. The applicant is languishing in jail since 30.05.2025 and he is ready to cooperate with trial. In case, the applicant is Versus Counsel for Applicant(s) : Ajay Bahadur Yadav, Sanjeev Yadav Counsel for Opposite Party(s) : G.A. Vivek Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and taking into consideration the fact that the FIR is delayed by about two days and there being general and omnibus allegations against all the accused, prima-facie 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- Vivek Yadav, 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. September 25, 2025 sailesh BAIL No. 22207 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad