HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29636 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Amit Kumar Pandey, learned counsel for the applicant, Sri Mohd. Faiz, Advocate holding brief of Sri Irshad Ahmad, learned counsel for the informant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.75 of 2025, under Sections 109(1), 115(2), 351(3) B.N.S., Police Station Aichora, District Sambhal, during the pendency of trial. 4. As per prosecution story, the applicant alongwith two other co-accused persons is stated to have assaulted the husband of the informant and caused injuries to him. There is particular allegation against the applicant of having stabbed the injured person on 26.06.2025 at about 08:30 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 seven hours and there is no explanation of the said delay caused. It is true that five injuries were observed by the doctor conducting the medical examination of the victim, but only one injury was observed on the vital part of the body of the victim and that was incised wound. The other injuries were abrasions, as such, are minor in nature. 6. Learned counsel for the applicant has further argued that the said injury Versus Counsel for Applicant(s) : Amit Kumar Pandey Counsel for Opposite Party(s) : G.A., Irshad Ahmad Pintu .....Applicant(s) State of U.P. .....Opposite Party(s) was not found to be dangerous to life. A supplementary report is on record. There is no criminal history of the applicant. The applicant is languishing in jail since 28.06.2025 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 counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that the applicant is the main accused person who stabbed the injured on his neck i.e. on the vital part of the body, as such, 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 there being only one injury on the vital part of the body, 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. 9. Let the applicant- Pintu, 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 12, 2025 (Ravi Kant) BAIL No. 29636 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad