HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29146 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Ehtesham Akhtar, learned counsel for the applicant, Sri Abhinay Bhattacharya, learned counsel for the informant as well as Sri Amit Kumar, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.192 of 2025, under Sections 115(2), 352, 131, 110, 109 B.N.S., Police Station- Dhaulana, District- Hapur, during the pendency of trial. 4. As per prosecution story, the applicant alongwith three other accused persons, namely, Adil, Anas and Arif, is stated to have caused injuries to the brothers of the informant by sharp edged weapon on 17.7.2025 at about 07:15 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 about twenty two hours and there is no explanation of the said delay caused. The allegations are per se false. The injuries sustained by the injured person Naved were found to be simple in nature, but the injuries sustained by the other injured person Salim have been found to be mild to moderate grievous as per supplementary report. 6. Learned counsel for the applicant has further stated that nowhere it is Versus Counsel for Applicant(s) : Ehtesham Akhtar Counsel for Opposite Party(s) : Abhinay Bhattacharya, G.A., Zafar Ahmad Khan Asif .....Applicant(s) State of U.P. .....Opposite Party(s) opined that the said injuries were dangerous to life. The prosecution is not sure whether the attempt was made to commit culpable homicide, not amounting to murder, or attempt to murder. Even the injuries sustained by the injured Salim were not found on the vital parts of the body. One injury is lacerated wound on the shoulder and another lacerated wound is on mid of upper lip, which cannot be caused by the scissors recovered from the applicant. 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 20.7.2025 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 counsel for the informant and learned A.G.A. have vehemently opposed the bail application. Learned counsel for the informant has placed much reliance on the photographs of the injured person, which indicate that the said injuries were not lacerated wound and caused by sharp edged weapon as alleged in the FIR. There was intention in the mind of the applicant to commit murder of the deceased person, but he somehow saved himself by putting his shoulder. 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 of twenty two hours in institution of FIR and the opinion of the doctor, and without expressing any opinion on the merits of the case, prima facie, 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- Asif, 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. BAIL No. 29146 of 2025 2 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 16, 2025 Vikas Verma BAIL No. 29146 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad