Neutral Citation No. - 2025:AHC:27119 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1532 of 2025 Applicant :- Rishabh Soni Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Ms. Abhilasha Singh, learned Advocate submits that she has also filed power on behalf of the applicant in the Registry of this Court but her name could not be shown in the cause list. 2. Heard Ms. Abhilasha Singh, learned counsel for the applicant and Sri Imran Khan, learned AGA, for the State. 3. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.235 of 2024, under Sections 147,323,326A and 506 IPC, Police Station Bidhuna, District Auraiya during pendency of the trial. 4. FIR of the present case was lodged on 23.6.2024 against the applicant and four others and according to the FIR on Friday, i.e., 21.6.2024 at about 9.30 PM in the night when informant was along with his brother then on the way applicant and other accused persons made assault upon them and thereafter they caused chemical burn injuries to him and they also badly beaten the informant and his brother. 5. Learned counsel for the applicant submits that on the basis of false allegation applicant has been made accused in the present matter. 6. She further submits that incident is said to have taken place on 21.6.2024 at about 9.30 PM in the night but FIR of the present case was lodged on 23.6.2024, i.e., after two days and this fact suggests that it is based on false and frivolous facts. 7. She further submits that actually informant side was the real aggressor and due to assault made by them applicant side also sustained injuries and in the incident informant side also used acid and applicant side also sustained chemical burn injuries. 8. She further submits that even from the side of the applicant on 28.6.2024 an FIR was lodged against informant side which has been annexed at page 84 of the paper book. 9. She further submits that from the second statement of the informant recorded during investigation which has been annexed at page 62 of the paper book it reflects that both sides used acid and both sides sustained chemical burn injuries and, therefore, it appears to be a case of free fight and who was the real aggressor can only be ascertained by the trial court during trial. 10. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 29.11.2024. 11. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 12. I have heard learned counsel for the parties and perused the record of the case. 13. However, as per allegation applicant and others made assault upon the informant and his brother and they also used acid and due to assault made by them both sustained injuries and record also suggests that informant side also sustained chemical burn injuries but there is cross version and in the alleged incident from the side of applicant also applicant sustained injuries. 14. Record further suggests that from the side of applicant also an FIR was lodged against informant side. 15. Further, from the second statement of the informant recorded during investigation it reflects that it was a case of free fight and considering second statement of the informant, the argument advanced by the learned counsel for the applicant that who was the real aggressor can only be ascertained by the trial court during trial, cannot be ruled out at this stage. 16. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 29.11.2024. 17. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 18. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 19. Let the applicant-Rishabh Soni 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. 20. 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. 21. 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 :- 27.2.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad