HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28429 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Sanjay Singh, Advocate holding brief of Sri Vikas Srivastava, learned counsel for the applicant as well as Ms. Ifrah Islam, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 373 of 2025, under Sections 109(2) B.N.S. and 4/25 Arms Act, Police Station- Pilakhua, District- Hapur, during the pendency of trial. 4. As per prosecution story, the father of the informant used to live with the applicant and the applicant is stated to have assaulted him in the night at 00:30 hours on 1.7.2025 causing grievous injuries to him. 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 about eleven hours and there is no explanation of the said delay caused. 6. Learned counsel for the applicant has further stated that there are discrepancies in the demonstration of injuries sustained by the injured person. The injuries have been found to be simple in nature. It is a case of sudden provocation as a brawl ensued between the applicant and injured person over listening to Punjabi music in the night, as such, the applicant Versus Counsel for Applicant(s) : Manish Srivastava, Mukul Srivastava, Vikas Srivastava Counsel for Opposite Party(s) : G.A. Vivek Rajpoot .....Applicant(s) State of U.P. .....Opposite Party(s) is entitled for bail. 7. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 2.7.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned State Law Officer has 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 delay in institution of FIR and the injuries being simple in nature as also the case being of sudden provocation, 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. 10. Let the applicant- Vivek Rajpoot, 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. 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 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. 28429 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad