HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31363 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Ms. Bindu Kumari, learned counsel for the applicants as well as Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the material placed on record. 3. Applicants seek bail in Case Crime No.725 of 2025, under Sections 3(5), 109(1), 115(2), 351(3) B.N.S., Police Station- Robertsganj, District- Muzaffar Nagar, during the pendency of trial. 4. As per prosecution story, the applicants and two other co-accused persons are stated to have taken away the son of the informant alognwith them and had assaulted him and caused grievous injuries to him armed with axe, lathi and danda on 12.7.2025 at about 09:00 p.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 more than five hours and there is no explanation of the said delay caused. 6. Learned counsel for the applicants has further stated that event the medical examination of the victim was conducted belatedly after two days of the incident i.e. on 14.7.2025 at 04:40 p.m., and subsequently, he was discharged from the hospital immediately. The said fact indicates that the injuries sustained by the injured person were simple in nature. Even the limitation as provided in Section 116 B.N.S., whereby suffering period of 15 Versus Counsel for Applicant(s) : Bindu Kumari Counsel for Opposite Party(s) : G.A. Ashish Yadav @ Aryan And Another .....Applicant(s) State of U.P. .....Opposite Party(s) days has been mentioned in the case of grievous hurt. As such, the case of simple hurt has been converted to that of grievous hurt. 7. It is further argued by learned counsel for the applicants that there are general and omnibus allegations against all the accused persons. The injured person had sustained accidental injuries about 20-25 days before the incident and the same have been included in the instant injury report. There is no criminal antecedent of the applicants. The applicants are languishing in jail since 19.7.2025 and they are ready to cooperate with trial. In case, the applicants are released on bail, they will not misuse the liberty of bail. 8. Per contra, learned A.G.A. 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 fact that FIR is delayed by more than five hours and there being general and omnibus allegations against all the accused persons, and without expressing any opinion on the merits of the case, prima facie, 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- Ashish Yadav @ Aryan and Prince Yadav, 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 evidence during trial. (ii) The applicants shall not pressurize/intimidate 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. 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 15, 2025 Vikas Verma BAIL No. 31363 of 2025 2 Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad