HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27185 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Chandra Shekhar Kushwaha, learned counsel for the applicant as well as Sri Amit Kumar, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.488 of 2025, under Sections 109, 352 B.N.S. and 4/25 Arms Act, Police Station- Pipraich, District- Gorakhpur, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have assaulted the younger brother of the informant with knife on 24.6.2025. 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 two days and there is no explanation of the said delay caused. 6. Learned counsel for the applicant has further stated that there is no time of offence mentioned in the FIR. Subsequently, it has come up in the statement of injured person that it was a case of sudden provocation for demand of onion and chilly, as such, the applicant is entitled for bail. 7. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 26.6.2025 and he is ready to cooperate with trial. In case, the applicant Versus Counsel for Applicant(s) : Chandra Shekhar Kushwaha Counsel for Opposite Party(s) : G.A. Baliram Prajapati .....Applicant(s) State of U.P. .....Opposite Party(s) is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned State Law Officer has vehemently opposed the bail application. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay of two days in institution of FIR and there being no mentioning of time of the offence in it, 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. 10. Let the applicant- Baliram Prajapati, 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. 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. September 11, 2025 Vikas Verma BAIL No. 27185 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad