HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29583 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Supplementary affidavit has been filed by learned counsel for the applicant today in the Court. It is taken on record. 2. Heard Sri Prashant Singh, Advocate and Shri Ramchandra Uttam, Advocate appears on behalf of the applicant and Shri Abhishek Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 105/2025, under Sections 115 (2), 118(1), 351(3), 352, 109(1), 117(2) of BNS, P.S.- Sajeti, District- Kanpur Nagar, during the pendency of trial. 4. As per prosecution story, applicant along with co-accused persons is stated to have been assaulted upon the brother of the informant on 16.03.2025. The applicant stated to have assaulted him with an axe causing grievous injury to him. 5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The applicant stated to have assaulted upon Sachin with an axe causing grievous injury to him. Two injured persons were admitted in the hospital on 15.03.2025 itself. The injured Sachin Saini was admitted at Beni Singh Awasthi Community Health Centre on 15.03.2025 at 6:10 p.m. and three injuries were observed that one was contusion and other two injuries were lacerated wound. Learned counsel further submitted that injured Manoj was admitted at Beni Singh Awasthi Community Health Centre on 15.03.2025 Versus Counsel for Applicant(s) : Prashant Singh, Ram Chandra Uttam Counsel for Opposite Party(s) : G.A. Ankush Saini .....Applicant(s) State of U.P. .....Opposite Party(s) at 6:25 p.m. and he had sustained contused swelling and one contusion. The said injury report categorically falsified the prosecution story. As per FIR, the date of incident is 16.03.2025 and the medical examination was conducted one day before the incident i.e. 15.03.2025, as such the complete prosecution story is falsified. Learned counsel further submitted that injured person Sachin Saini was discharged on 20.03.2025 and the Doctor has observed in his final diagnosis with right fronto parietal contusion with right frontal fracture. The said injuries have been changed from incised wound at contusion. The discharge was made after five days of the said admission which also indicates that even it does not fall within the category of grievous hurt. There is no criminal history of the applicant. The applicant is languishing in jail since 12.04.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration that the applicant has no criminal history 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. 8. Let the applicant- Ankush Saini, 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 pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. BAIL No. 29583 of 2025 2 10. 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 Sharad/- BAIL No. 29583 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad