Neutral Citation No. - 2025:AHC:137319 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26786 of 2025 Applicant :- Fahad Farooqui @ Farooqui And Another Opposite Party :- State of U.P. Counsel for Applicant :- Shiv Kumar Kesari Counsel for Opposite Party :- G.A.,Pankaj Kumar Tripathi Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicants, Sri Vinay Saran, learned Senior Counsel assisted by Sri Pradeep Kumar and Pankaj Kumar Tripathi, learned counsel for the informant, learned A.G.A for the State and perused the record. 2. Learned counsel for the applicants submits that the incident is alleged to have taken place on 02.09.2024, whereas the F.I.R. has registered on 03.09.2024 without there being any plausible explanation of such an inordinate delay. Learned counsel further submits that the allegation against the applicants is that they entered into the house of the informant and had committed maarpeet with the informant due to which, his two teeth has been broken. Learned counsel further submits that the incident had taken place on 02.09.2024 with the allegation that the applicants had broken two teeth of the informant, whereas the informant approached the dental surgeon on 22.10.2024 as is evident from the application dated 03.10.2024 upon which endorsement of Dental Surgeon has been made, copy of which is annexed as Annexure-3 to the affidavit accompanying the bail application. He further argued had the informant suffered grievous injury he would have approached the concerned Surgeon immediately but in the instant case, the informant approached after a lapse of considerable time, which itself belies the prosecution story. It is thus contended that the ingredients of Section 117(3) of B.N.S., is not attracted in the present case. He further submits that the applicants are innocent and they have been falsely implicated in the present case. It is thus contended that the applicants are also entitled for bail. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required and are also ready to accept all the conditions which the Court may deem fit to impose upon them. He next submits that applicants are languishing in jail since 11.07.2025. 3. Learned AGA as well as learned counsel for the informant have vehemently opposed the bail application and submits that in case the applicants are released on bail they will misuse the liberty of bail. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicants Fahad Farooqui @ Farooqui and Nadeem Farooqui be released on bail in Case Crime No.233 of 2024 under Sections 333, 351(3), 352, 115(2), 117(3) of B.N.S. Police Station Mughalpura, District Moradabad, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions: i) The applicants shall not tamper with the prosecution evidence. ii) The applicants shall not threaten or harass the prosecution witnesses. iii) The applicants shall appear on the date fixed by the trial court. iv) The applicants shall not commit an offence similar to the offence of which the applicants are accused, or suspected of the commission. v) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. Order Date :- 12.8.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad