HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 22865 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Omar Zamin, learned counsel for the applicant, Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.126 of 2024, under Sections 307 and 504 I.P.C., Police Station Palimukimpur, District Aligarh, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have caused stab wound to the neck of the informant during an altercation which was ensued during a marriage ceremony in the night of 26.04.2024 at about 9:30 p.m. 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 sixteen hours and there is no explanation of the said delay caused. It is true that the applicant is named in the FIR, but the FIR itself indicates that the injured person in the said injured state was taken to the police station and the police admitted him at a hospital and the informant instituted the FIR after returning from the hospital. 6. Learned counsel for the applicant has further argued that at the time of admission at the hospital and during treatment, the injured has consistently stated that he was stabbed by some unidentified three persons, which Versus Counsel for Applicant(s) : Omar Zamin, Sudhanshu Srivastava Counsel for Opposite Party(s) : G.A. Lokesh .....Applicant(s) State Of U.P .....Opposite Party(s) indicates a case of false implication. The FIR indicates that the applicant has caused one stab wound to the neck of the injured person, but subsequently three injuries have been observed by the doctor during treatment, as such, the applicant is entitled for bail. 7. Learned counsel for the applicant has also stated that there is no criminal history of the applicant. The applicant is languishing in jail since 27.04.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned A.G.A. has vehemently opposed the bail application on the ground that the injuries sustained are on vital part of the body and are grievous in nature and the FIR alongwith the statement of the injured person recorded under Section 161 Cr.P.C. consistently indicate towards the applicant only being the sole accused person, as such, he is not entitled for bail. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the said inconsistency in the statement of the informant as recorded by the doctor concerned who happens to be a neutral person, and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 10. Let the applicant- Lokesh, 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. 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 BAIL No. 22865 of 2025 2 shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 19, 2025 (Ravi Kant) BAIL No. 22865 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad