HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32434 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Anuj Kumar Gupta, learned counsel for the applicant and Smt. Kamala Singh and Sri Mehboob Ahmad Siddiqui, learned counsels for the informant as well as Sri Anit Kumar Shukla, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 216 of 2025, under Sections 191(2), 191(3), 109(1), 115(2), 352, 351(3) of BNS, Police Station - Asmoli, District - Sambhal, during the pendency of trial. 4. As per prosecution story, the applicant along with four other named accused persons and 3-4 unknown persons is stated to have caused injuries to the informant's son Zumma Khan and nephew Naseem with lathi-danda on 14.08.2025 at about 05:30 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 seven hours and there is no explanation of the said delay caused. 6. Learned counsel has also stated that it is true that there are two injured persons. One injured person has sustained fracture on his cranium but there is a discrepancy in the said injury as the doctor concerned has observed the injury to be lacerated wound on occipital region of the cranium but the fracture has been observed in the frontal, temporal and parietal bone along with a fracture on occipital bone. Versus Counsel for Applicant(s) : Anuj Kumar Gupta Counsel for Opposite Party(s) : G.A. Vasim .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Learned counsel has further stated that there is a cross-version to the instant case as FIR No. 231 of 2025 was instituted from the side of the applicant and the injured person Said Hasan has sustained injuries and was medically examined on the date of incident i.e. 14.08.2025 at 10:05 PM itself and he also sustained fracture in his parietal bone, as such, it cannot be ascertained as to which party was the aggressor one. 8. Learned counsel has also stated that there are general and omnibus allegations against all the accused persons and it cannot be ascertained at this point of time as to who was the author of the said injuries to the injured Zumma Khan. The applicant is languishing in jail since 17.08.2025, 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. 9. Per contra, learned AGA and learned counsels for the informant have vehemently opposed the bail application on the ground that the injured person Zumma Khan, who is still hospitalized, is recuperating of the injuries sustained and is even unable to talk, as such the applicant is not entitled for bail. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, nature of offence, severity of punishment and considering the delay of seven hours in lodging the FIR, cross-case to the instant FIR and also taking into consideration the injuries sustained by one person from the applicant's side, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed. 11. Let the applicant- Vasim, 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. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. BAIL No. 32434 of 2025 2 13. 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 22, 2025 Siddhant BAIL No. 32434 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad