. HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25259 of 2025 . Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Counter affidavit filed by learned A.G.A. today is taken on record. 2. Heard Sri Pawan Kumar Rao, learned counsel for the applicant, Sri Dharmendra Kumar Gupta, learned counsel for the informant, 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. 359 of 2025, under Sections 3(5), 115(2), 109, 352, 351(3) BNS, Police Station Geeda, District Gorakhpur, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have caught hold of the informant and the co-accused persons Omkar Nath and Sushila Devi are stated to have assaulted him with iron rod, hitting him on his head on 06.06.2025 at about 8 AM. 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 eleven and half hours and there is no explanation of the said delay caused. The injuries were not dangerous to life as there is no fracture on his cranium. It is further submitted that the Versus Counsel for Applicant(s) : Pawan Kumar Rao, Sudhanshu Kumar Mishra Counsel for Opposite Party(s) : Dharmendra Kumar Gupta, G.A., Kiran Gupta Rohit Gupta Alias Sanjiv Kumar Gupta .....Applicant(s) State Of U.P. Through Its Principal Secretary (Home) U.P. At Lucknow .....Opposite Party(s) applicant has been assigned the role of catching hold only. He is not the main accused person. The assailants are the husband-wife duo i.e. Omkar Nath and Sushila Devi. 6. Learned counsel for the applicant has further argued that the duration of the injury is within one day while the medical examination was conducted about four hours after the incident. The said duration indicates that offence has not been committed at the time which has been mentioned in the FIR. The incident is of much before the said time. There is no criminal history of the applicant. The applicant is languishing in jail since 08.06.2025 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. as well as learned counsel for the informant have vehemently opposed the bail application on the ground that the applicant was hand in glove with the co-accused persons and cause the said injury but could not dispute the fact that the applicant is having no criminal history. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration that the FIR is delayed coupled with the fact that the applicant is having no criminal history 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. 9. Let the applicant- Rohit Gupta Alias Sanjiv Kumar Gupta, 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. BAIL No. 25259 of 2025 2 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 22, 2025 #Vik/- BAIL No. 25259 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad