HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31990 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Girijesh Kumar Gupta, learned counsel for the applicant and Sri Atul Kumar, Advocate holding brief of Sri Shiv Shankar Kaithal, learned counsel for the informant as well as Sri Arun Kumar Mishra, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 0188 of 2025, under Sections 126(2), 352, 351(2), 351(3), 109, 3(5) of BNS, Police Station - Simbhawali, District - Hapur, during the pendency of trial. 4. 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 one day and there is no explanation of the said delay caused. The FIR has been lodged as an afterthought and after legal consultations. 5. Learned counsel has also stated that there are general and omnibus allegations against all the accused persons. No particular role has been assigned to any accused person whatsoever. It is true that the injured person has sustained lacerated wound on his left arm but the said organ is not a vital organ. 6. Learned counsel has next contended that the applicant is languishing in jail since 4.8.2025, 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 Versus Counsel for Applicant(s) : Girijesh Kumar Gupta, Shiv Shankar Pd Gupta Counsel for Opposite Party(s) : G.A. Madanpal .....Applicant(s) State of U.P. .....Opposite Party(s) cooperate with trial. 7. Per contra, learned AGA and learned counsel for the informant have vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 8. 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 and there being general and omnibus allegations against all the accused persons, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed. 9. Let the applicant- Madanpal, 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. 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 26, 2025 Siddhant BAIL No. 31990 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad