HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27169 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Second supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard Sri Vidhu Bhushan Singh, learned counsel for the applicant, Sri Abhishek Narayan, learned counsel for the informant as well as Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.70 of 2025, under Sections 191(2), 191(3), 190, 109, 352, 351(3) B.N.S., Police Station- Todi Fatehpur, District- Jhansi, during the pendency of trial. 4. As per prosecution story, the applicant alongwith seven other accused persons armed with lathi, axe and danda is stated to have assaulted the son of the informant on 11.6.2025 at about 08:00 a.m. 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. The FIR is delayed by about eight hours and there is no explanation of the said delay caused. 6. Learned counsel for the applicant has further stated that three weapons have been mentioned in the FIR, but no one has been assigned any specific weapon in the instant case. One of the weapons is stated to be an axe, but there is no injury sustained by an axe. There are six injuries sustained by the Versus Counsel for Applicant(s) : Rudra Pratap Pandey, Vidhu Bhushan Singh Counsel for Opposite Party(s) : Abhishek Narayan, G.A. Banti Alias Krishna Kant .....Applicant(s) State of U.P. .....Opposite Party(s) injured persons of which three are lacerated wounds, but other injuries are not on vital organ. There is a fracture of proximal phalanx of right little finger, which is not a vital part of the body. 7. It is further argued by learned counsel for the applicant that the criminal history of three cases assigned to the applicant has been explained. The applicant is languishing in jail since 12.6.2025 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 counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that the axe can be used with its blunt side also and it is not necessary to use only the sharp edge of the axe. 9. The Supreme Court in Prabhakar Tewari Vs. State of U.P. and another, 2020 (11) SCC 648 has observed that pendency of several criminal cases against an accused itself cannot be a basis for refusal of bail, if otherwise his case of bail is made out. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the FIR being delayed by about eight hours and there being general and omnibus allegations against all the accused persons, and without expressing any opinion on the merits of the case, prima facie, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 11. Let the applicant- Banti Alias Krishna Kant, 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 evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant 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 BAIL No. 27169 of 2025 2 cancellation of bail. 13. 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. September 11, 2025 Vikas Verma BAIL No. 27169 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad