HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31840 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Mohammad Belal, learned counsel for the applicant and Ms. Ifrah Islam, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 355 of 2025, under Sections 109, 352, 351(3) of BNS, Police Station - Garhmukteshwar, District - Hapur, during the pendency of trial. 4. As per prosecution story, the applicant along with two other co-accused persons is stated to have assaulted and caused grievous injuries to the informant's cousin Ajay on 14.06.2025 at about 06:45 PM. 5. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about 11 hours and there is no explanation of the said delay caused. 6. Learned counsel has also stated that it is true that the injured person had sustained six injuries but none of them are on vital part of the body. There are general and omnibus allegations against all the accused persons in the FIR. No person has been assigned any weapon in the FIR but subsequently, the injured person has nominated the applicant to have carried a sickle in his hand. There is no recovery of any weapon from the applicant. 7. Learned counsel has next contended that the applicant is languishing in jail since 17.06.2025, having no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 8. Per contra, learned State Law Officer has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant Versus Counsel for Applicant(s) : Mohammad Belal Counsel for Opposite Party(s) : G.A. Rohtash .....Applicant(s) State of U.P. .....Opposite Party(s) and also the fact that the applicant has no criminal history. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, nature of offence, severity of punishment and also considering the delay in lodging the FIR coupled by the fact that the injuries sustained by the injured person are not on the vital parts of his body, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Rohtash, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will 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 applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 17, 2025 Siddhant BAIL No. 31840 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad