Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32319 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard Sri Prem Prakash Yadav, learned counsel for the applicants and Sri Santosh Kumar Yadav, learned counsel for the informant as well as Sri Amit Kumar, learned State Law Officer and perused the record. 3. Applicants seek bail in Case Crime No. 115 of 2025, under Sections 109(1), 115(2), 352, 351(2) of BNS, Police Station Sultanpur Ghosh, District Fatehpur, during the pendency of trial. 4. As per prosecution story, the applicants are stated to have assaulted and caused injuries to two persons from the side of the informant on 09.07.2025 at about 7 a.m.
5. Learned counsel for the applicants has argued that the applicants are absolutely innocent and have been falsely implicated in the present case. They have nothing to do with the said offence. The FIR is delayed by eight hours and there is no explanation of the said delay caused. 6. Learned counsel has next stated that there is a cross version of the instant case as three persons from the side of the applicant had also sustained injuries. Even wife of the applicant had sustained injuries in the said incident. There being a cross version, at this stage it cannot be ascertained as to which party was aggressor one, as such the applicants are entitled for bail. 7. There is no criminal history of the applicants. The applicants are Versus Counsel for Applicant(s) : Anil Kumar Yadav, Prem Prakash Yadav Counsel for Opposite Party(s) : G.A. Dinesh Kumar And 3 Others .....Applicant(s) State of U.P. .....Opposite Party(s)
languishing in jail since 10.07.2025 and they are ready to cooperate with trial. In case, the applicants are released on bail, they shall not misuse the liberty of bail. 8. Learned counsel for the informant as well as learned A.G.A. have vehemently opposed the bail application on the ground that out of two injured person, one had sustained grievous injury and he was hospitalized for 16 days and even his two limbs from one side are not working in proper way todate, as such the applicants are not entitled for bail being aggressor one. 9.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and there being cross- version to the instant case and there being no explanation of the injuries sustained from the side of the applicants, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed. 10. Let the applicants- Dinesh Kumar, Basant Lal, Munna@Avendra and Sukhvendra @ Aydu, who are involved in aforementioned case crime be released on bail on their 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 applicants shall not tamper with the evidence during trial. ii) The applicants shall not pressurise/intimidate with the prosecution witnesses. iii) The applicants 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 applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. (Krishan Pahal,J.) September 19, 2025 Sumit S BAIL No. 32319 of 2025 2
Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad