Neutral Citation No. - 2025:AHC:129497 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26468 of 2025 Applicant :- Kuldeep Yadav Alias Kallu Opposite Party :- State of U.P. Counsel for Applicant :- Satyendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Satyendra Kumar Singh, learned counsel for the applicant and Sri Varun Pratap Singh, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 115 of 2025, under Sections 115(2), 352, 351(3), 191(2), 109(1) of BNS, Police Station Manduadih, District Varanasi, during the pendency of trial. 4. As per prosecution story, the applicant along with five other co- accused persons are stated to have barged into the house of the informant in early hours of 05.05.2025 at 2:45 a.m. and caused stabbed wounds to Rahul and Ankit. 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 as alleged in the FIR. The FIR is delayed by about ten hours and there is no explanation of the said delay caused. 6. Learned counsel has further stated that in the statement of injured Ankit, it has come up that on the exhortation of co-accused, applicant and Rahul had caught hold of him and it was the co- accused Aman, who has caused stab wound to him. The role of catching hold has been assigned to the applicant. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 23.06.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the delay in institution of the FIR and the role of applicant being catching hold of the injured person, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Kuldeep Yadav Alias Kallu, 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 the 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. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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 :- 1.8.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad