Neutral Citation No. - 2025:AHC:131162 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24440 of 2025 Applicant :- Deepak Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Narendra Nath Tripathi,Rupa Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Narendra Nath Tripathi, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 150 of 2025, under Sections 115(2), 352, 351(3), 3(5), 74, 109 B.N.S., Police Station- Adalhat, District- Mirzapur, during the pendency of trial. 4. 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 13 hours and there is no explanation of the said delay caused. 5. Learned counsel for the applicant has further stated that there are general and omnibus allegations against all the accused persons. No specific role has been assigned to the any of the accused persons although two injuries sustained by victim is stated to be grievous in nature. It is a case of sudden provocation as altercation arose over a speed breaker. There is no test identification parade as per Section 7 of the Bharatiya Sakshya Adhiniyam. 6. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 21.05.2025 and he is ready to cooperate with trial. In case, the applicant is 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 no test identification parade has been conducted coupled with the fact that no specific role has been assigned to the present appilcant 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- Deepak 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 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. Order Date :- 4.8.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad