Neutral Citation No. - 2025:AHC:13694 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1618 of 2025 Applicant :- Atul Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Kumar Bhatt,Suresh Chandra Dwivedi Counsel for Opposite Party :- G.A.,Manu Sharma Hon'ble Sameer Jain,J. 1. Heard Sri Suresh Chandra Dwivedi, learned counsel for the applicant, Sri Manu Sharma, learned counsel for the informant and Sri Rajeev Dhar Dwivedi, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 0573 of 2024, under Sections 191(2), 109(1) B.N.S., Police Station Naini, District Prayagraj during pendency of the trial. 3. FIR of the present case was lodged on 15.09.2024 against applicant, co-accused Shubham Tripathi and four-five unknown persons and according to the FIR applicant and other accused persons on 15.09.2024 at about 3.00 PM in the evening caused injury to the son of the informant through knife. 4. Learned counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter. 5. He further submits, however, in the FIR there is no specific role has been assigned to the applicant but when the statement of the injured was recorded during investigation then he stated that co- accused Shubham Tripathi caused injury to him, however he stated that applicant caught hold him but entire allegation leveled against the applicant is totally false. He further submits, from the statement of injured it reflects, all the persons including applicant and injured were under intoxication. 6. He further submits, even from the medical report of the injured it could not be reflected that he sustained knife injuries. 7. He further submits, applicant is however having criminal history of one another case but his criminal history has been explained in the instant bail application and in the present matter he is in jail since 16.09.2024. 8. Per contra, learned AGA as well as learned counsel for the informant however opposed the prayer for bail but could not dispute the fact that only role of catching hold has been assigned to the applicant and from the statement of the injured it reflects that all the three including applicant and injured were under intoxication. However, learned counsel appearing on behalf of the informant submits, earlier also applicant has been made accused for offence under Section 307 IPC but could not dispute the fact that in that case also on the basis of catching hold he was made accused and in the case he has been released on bail. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per allegation applicant caught hold the injured and thereafter co-accused Shubham Tripathi inflicted knife injuries on his neck but it reflects that all the three i.e. applicant, co- accused and injured were under intoxication. 11. Further, however, apart from the present case applicant is having criminal history of one another case but his criminal history has been explained in the instant bail application and in that case he has been released on bail. 12. Further, in the present matter applicant is in jail since 16.09.2024. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant - Atul Mishra 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. 16. 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. 17. 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 :- 27.1.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad