Neutral Citation No. - 2025:AHC:111845 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23989 of 2025 Applicant :- Rohit Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Sunil Kumar, learned counsel for the applicant, Sri Raj Bahadur Verma, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 166 of 2025, under Sections 109, 352, 115(2), 324(4), 351(2), 333 B.N.S., Police Station- Hasanpur, District- Amroha, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that as per the F.I.R. as well as the statement of the victim, the allegation is that while the applicant was consuming liquour then on the objection of the first informant, the applicant has attacked upon the husband of the first informant with ladle (karchee). Therefore, the above statement itself shows that the attack on the part of the applicant was in a spur of moment without any premeditated intention. Therefore, the case, at the most would fall within the premises of Section 110 B.N.S. which is punishable upto 7 years. It is further submitted that the aforesaid injury of the first informant and her husband is a result of sudden fight in which the applicant also received severe injury of nasal bone fracture which was examined by the jail authorities and police complaint was also given by the applicant on 15.05.2025 of that incident. It is also submitted that applicant has no criminal antecedents to his credit. The applicant is languishing in jail since 10.05.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid fact. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused 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. 6. Let the applicant- Rohit 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 11.7.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad