Neutral Citation No. - 2025:AHC:13419 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1585 of 2025 Applicant :- Surendra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- R S Dubey,Savita Dubey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri R S Dubey, learned counsel for the applicant and Sri Rajiv Dhar Dwivedi, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 582 of 2024, under Sections 75, 115(2), 109, 117(2) of BNS, Police Station Campiarganj, District Gorakhpur, during pendency of the trial in the court below. 3. FIR of the present case was lodged against the applicant on 8.9.2024 and according to the FIR, applicant on 8.9.2024 at 9 am in the morning made assault upon the daughter of the informant through wooden stick and he also gave a blow of kick and fist on her daughter in law who was pregnant of 8 months. 4. Learned counsel for the applicant submitted that on the basis of false allegations, applicant has been made accused in the present matter. 5. He further submitted that actually some dispute arose between both the sides with regard to drainage of water and only due to this reason applicant has been made accused in the present matter. 6. He further submitted that however as per allegation in the alleged incident daughter and daughter in law of the informant both sustained injuries but there is no medical report of daughter in law of the informant on record. 7. He further submitted that from the perusal of medical report of the daughter of informant it reflects that she did not sustain any injury which was dangerous to life. 8. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 25.10.2024. 9. Per contra, learned AGA opposed the prayer for bail and submitted that apart from the present case applicant is also having criminal history of one another case but he fairly conceded, that case relates to minor offence. He however could not dispute the other arguments on facts advanced by learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, as per allegation due to the assault made by applicant daughter and daughter in law of the informant sustained injuries but from perusal of the medical reports of both the injured which were produced by learned AGA during the course of argument, it reflects that daughter in law of the informant did not sustain any injury except complaint of pain and however, it appears daughter of the informant sustained injuries but from perusal of her medical reports, it could not be reflected that her injuries were dangerous to life. 12. Further, however, apart from the present case, it appears, applicant is also having criminal history of one another case but that case relates to minor offence and in the present matter, applicant is in jail since 25.10.2024. 13. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant-Surendra Kumar, be released on bail in the aforesaid case on 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 appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 16. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 17. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 27.1.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad