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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27774 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Pankaj Bharti, learned counsel for the applicants, Sri Sudhir Kumar Agarwal, learned counsel for the informant as well as Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record.
3. Applicants seek bail in Case Crime No. 59 of 2025, under Sections 109(1), 115(2), 118(1), 3(5) B.N.S., Police Station- Bhorakalan, District- Muzaffar Nagar, during the pendency of trial.
4. As per prosecution story, the applicants alongwith accused person Rehan and one unknown person are stated to have assaulted the brother of the informant Naim with lathi, danda and sharp edged weapon on 4.6.2025 at about 05:00 p.m., thereby causing grievous injuries to him.
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. The FIR is delayed by about eighteen hours and there is no explanation of the said delay caused.
6. Learned counsel for the applicants has further stated that there are two eye witnesses and all the witnesses have made general and omnibus allegations against all the accused persons. No specific role has been assigned to anybody. Learned counsel has stated that X-ray was advised for the injuries sustained by the injured person and the X-ray report indicates that nothing Versus Counsel for Applicant(s) : Ankur Tyagi, Pankaj Bharti Counsel for Opposite Party(s) : G.A., Sudhir Kumar Agarwal Muskaran And Another .....Applicant(s) State of U.P. .....Opposite Party(s)
abnormal was detected, as such, injuries were found to be simple in nature.
7. It is further argued by learned counsel for the applicants that there is no criminal antecedent of the applicants. The applicants are languishing in jail since 7.6.2025 and they are ready to cooperate with trial. In case, the applicants are released on bail, they 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.
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 fact that FIR is delayed by about eighteen 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 applicants have made out a case for bail. The bail application is allowed.
10. Let the applicants- Muskaran and Rishab, 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 evidence during trial. (ii) The applicants shall not pressurize/intimidate the prosecution witnesses. (iii) The applicants 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 applicants 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. 27774 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad