HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27325 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Rejoinder affidavit filed by learned counsel for the applicants today is taken on record. 2. Heard Sri Manoj Pandey, learned counsel for the applicants and Sri Ashutosh Mishra, holding brief of Sri Manish Pandey, learned counsel for the informant as well as Sri V.K.S. Parmar, learned A.G.A./State Law Officer for the State and perused the record. 3. Applicants seek bail in Case Crime No. 238 of 2023, under Sections 323, 504, 506, 308, 324 IPC Police Station Hazarat Nagar Garhi, District Sambhal, during the pendency of trial. 4. As per prosecution story, the applicants are stated to have assaulted and caused injuries to three persons in all from the side of the informant on 23.10.2023 at about 7:30 p.m. 5. Learned counsel for the applicants has argued that the applicants are absolutely innocent and have been falsely implicated in the present case. They have nothing to do with the said offence. 6. Learned counsel has next stated that the FIR is delayed by about 17 hours and there is no explanation of the said delay caused. It is true that three persons have sustained injuries from the side of the informant but same was the case of the applicant as three persons from the side of the applicant have also sustained injuries. Versus Counsel for Applicant(s) : Manoj Pandey Counsel for Opposite Party(s) : G.A., Manish Pandey, Mritunjay Verma Banti And 2 Others .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Learned counsel has next stated that there is a cross-version as FIR No.245 of 2023 which was instituted against the informant's side. The medical examination of three injured persons from the side of the applicant was undertaken on the date of incident only. At this point of time, it cannot be ascertained as to which party is aggressor one. 8. There is no criminal history of the applicants. The applicants are languishing in jail since 15.07.2025 and they are ready to cooperate with trial. In case, the applicants are released on bail, they shall not misuse the liberty of bail. 9. Learned A.G.A. as well as learned counsel for the informant have vehemently opposed the bail application on the ground that one of the injured person has sustained fracture on frontal bone which is one of the strongest bone of the body and the injury could be dangerous to life, as such applicants are not entitled for bail. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, there being cross-version of the case, the evidence on record and without expressing any opinion on the merit of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed. 11. Let the applicants - Banti, Sundarpal and Suraj, who are involved in aforementioned case crime be released on bail on their 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 applicants shall not tamper with the evidence during trial. ii) The applicants shall not pressurise/intimidate with the prosecution witnesses. iii) The applicants shall appear before the trial court on the date fixed. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. It is made clear that observations made in granting bail to the BAIL No. 27325 of 2025 2 applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 26, 2025 Sumit S BAIL No. 27325 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad