HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28436 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Mayank Mohan Dutt Mishra, learned counsel for the applicant, Sri Aviral Bansal, Advocate holding brief of Sri Vipan Kumar, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 85 of 2025, under Sections 3(5), 109, 115(2), 351(3), 352 B.N.S. and 4/25 Arms Act, Police Station- Bansdih Road, District- Ballia, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have entered into an altercation with the injured person over the payment at the shop and had assaulted him with knife causing grievous injuries to him on 30.4.2025 at about 06:00 p.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 more than four days and there is no explanation of the said delay caused. 6. Learned counsel for the applicant has further stated that the injuries sustained by the injured person were not found to be dangerous to the life of the injured person. It is a case of sudden provocation. There is no criminal antecedent of the applicant. The applicant is languishing in jail Versus Counsel for Applicant(s) : Mayank Mohan Dutt Mishra Counsel for Opposite Party(s) : Abhishek Kesarwani, G.A., Vipan Kumar Deepanshu Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) since 12.5.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that the applicant carried the mens rea as he was carrying knife with him at the time of offence. The said knife being held by the applicant indicates his intention to commit the said offence, as such, it was a premeditated offence committed by him. 8. 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 four days in institution of FIR coupled with the fact that the injuries were not found to be dangerous to the life of the injured person, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant- Deepanshu Yadav, 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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 10, 2025 Vikas Verma BAIL No. 28436 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad