HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29283 of 2025 Court No. - 65 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Aushim Luthra, learned counsel for the applicant, Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.100 of 2025, under Section 103(1) B.N.S., 2023, Police Station Premnagar, District Bareilly, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have stabbed his brother on 14.03.2025 in an inebriated state as he was asked to refrain from hurling abuses at the informant on 14.03.2025 at about 2:00 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. The FIR is delayed by about twenty hours and there is no explanation of the said delay caused. It is a case of sudden provocation as is evident from the circumstances. The applicant being a Sikh was natural to carry a Kripal and the said offence was committed in sudden fit of rage. The case does not carry beyond culpable homicide not amounting to murder. 6. Learned counsel for the applicant has further argued that the deceased has sustained one fatal injury i.e. on his chest. Had the applicant any premeditated intention to commit the said offence, he would have given Versus Counsel for Applicant(s) : Aushim Luthra, Irshad Husain Counsel for Opposite Party(s) : G.A. Arvinder Singh Alias Bavve .....Applicant(s) State of U.P. .....Opposite Party(s) multiple blows. The other injury is not on the vital part of the body. There is no criminal history of the applicant. The applicant is languishing in jail since 16.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application on the ground that the deceased has sustained two injuries and the other injury was also bone deep, as such, the applicant is not entitled for bail. 8. 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 fact that the deceased has sustained only one fatal injury on his body and it is admitted that the applicant was drunk at the time of offence, 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. 9. Let the applicant- Arvinder Singh Alias Bavve, 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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 9, 2025 (Ravi Kant) BAIL No. 29283 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad