HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24082 of 2025 Court No. - 65 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Pradeep Kumar, learned counsel for the applicant as well as Ms. Ifrah Islam, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.89 of 2025, under Sections 105, 115(2), 351(2), 352 B.N.S., Police Station- Nichlaul, District- Maharajganj, during the pendency of trial. 4. As per prosecution story, the applicant and three other accused persons are stated to have assaulted the informant and his brother on 5.4.2025 at about 08:00 p.m. armed with lathi and danda and also used their fists and kicks. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The FIR is delayed by about two days and there is no explanation of the said delay caused. There are general and omnibus allegations against all the accused persons. 6. Learned counsel for the applicant has further stated that the deceased person himself had instituted the FIR. Subsequently, the statement of other injured was recorded and he has also reiterated the allegations made by the informant. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 10.4.2025 and he is ready to cooperate with trial. In Versus Counsel for Applicant(s) : Piyush Patel, Pradeep Kumar Counsel for Opposite Party(s) : G.A. Golu Alias Rakesh Rajbhar .....Applicant(s) State of U.P. .....Opposite Party(s) case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned State Law Officer has vehemently opposed the bail application on the ground that the said FIR instituted by the deceased person tantamounts to dying-declaration, as such, the applicant is not entitled for bail. 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 of two days in institution of FIR and there being general and omnibus allegations against all the accused persons and the deceased person having sustained two injuries 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- Golu Alias Rakesh Rajbhar, 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 pressurize/intimidate 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 1, 2025 Vikas Verma BAIL No. 24082 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad