HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32010 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Chandra Bhushan Prasad, learned counsel for the applicant, Sri R.P. Patel, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.300 of 2025, under Sections 109(1), 3(5) B.N.S., Police Station- Nai Mandi, District- Muzaffar Nagar, during the pendency of trial. 4. As per prosecution story, the applicant alongwith co-accused person Mannu and two unknown persons is stated to have assaulted the injured person with broken bottle on 15.6.2025 at 10:15 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. He has nothing to do with the said offence. The FIR is delayed by about seventeen hours and there is no explanation of the said delay caused. 6. Learned counsel for the applicant has further stated that the injuries sustained by the injured person do not match with the recovery and there is no recovery from the applicant. The prosecution story stands falsified from the fact that the injured person subsequently added one more name to accused persons i.e. Kartik. 7. It is further argued by learned counsel for the applicant that there is no Versus Counsel for Applicant(s) : Chandra Bhushan Prasad Counsel for Opposite Party(s) : G.A. Gagan .....Applicant(s) State of U.P. .....Opposite Party(s) criminal antecedent of the applicant. The applicant is languishing in jail since 26.6.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned State Law Officer 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 delay of seventeen hours 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. 10. Let the applicant- Gagan, 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 pressurize/intimidate the prosecution witnesses. (iii) The applicant 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 applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 18, 2025 Vikas Verma BAIL No. 32010 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad