HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28335 of 2025 Court No. - 65 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Pawan Kumar, holding brief of Sri Ashutosh, learned counsel for the applicant and Sri Pranshu Kumar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 139 of 2025, under Sections 191(2), 191(3), 109, 351(2), 103(1) of BNS, Police Station Subhash Nagar, District Bareilly, during the pendency of trial. 4. As per prosecution story, applicant and other co-accused persons are stated to have assaulted son of the informant and one Gaurav with knives causing grievous injuries to them on 28.02.2024 and son of the informant had sustained grievous injuries, as such he was rushed to District Hospital where his treatment was going on and subsequently, FIR was instituted on 01.03.2025 at about 12:38 a.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. 6. Learned counsel has next stated that the deceased was not in a condition to depose, as such his statement could not be recorded and he expired on 04.03.2025. The statement of star witness injured i.e. Gaurav has been recorded and he has categorically stated that it was Funnu @ Munnu, who had assaulted the deceased person with knife and the Versus Counsel for Applicant(s) : Ashutosh Counsel for Opposite Party(s) : G.A. Bhimsen Alias Bhima .....Applicant(s) State of U.P. .....Opposite Party(s) applicant and other co-accused persons had caught hold of the deceased person. He has further stated that one named accused person Prem Singh @ Prema had assaulted him causing injuries to him. 7. Learned counsel has further submitted that the role of applicant is at different footing to the main accused Funnu @ Munnu, who had caused stab wounds to the deceased person, as such the applicant is entitled for bail. 8. There is no criminal history of the applicant. The applicant is languishing in jail since 03.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Learned A.G.A. has vehemently opposed the bail application. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and taking into consideration the fact that the main role of assaulting the deceased person with knife has been assigned to Funnu @ Munnu, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 11. Let the applicant- Bhimsen Alias Bhima, 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 the 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. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. 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 BAIL No. 28335 of 2025 2 independent opinion based on the testimony of the witnesses. September 9, 2025 Sumit S BAIL No. 28335 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad