HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32362 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Supplementary affidavit filed by learned counsel for the applicant today is taken on record. 2. Heard Sri Sunil Kumar Tiwari, learned counsel for the applicant and Sri Diwan Saifullah Khan, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 0113 of 2025, under Sections 109, 191(2), 191(3), 190, 110, 352, 351(2), 351(3), 3(5) of BNS, Police Station Falawada, District Meerut, during the pendency of trial. 4. 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 four hours and there is no explanation of the said delay caused. 5. Learned counsel has next stated that there is a cross version to the instant FIR as FIR No.114 of 2025 was instituted from the side of the applicant as two persons have sustained injuries from the side of the applicant. An FIR was also instituted by the police as FIR No.115 of 2025 the same night of the incident, as such at this stage, it cannot be ascertained as to which party is aggressor one. 6. There is no criminal history of the applicant. The applicant is languishing in jail since 11.06.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the Versus Counsel for Applicant(s) : Sunil Kumar Tiwari Counsel for Opposite Party(s) : G.A. Arshlan .....Applicant(s) State of U.P. .....Opposite Party(s) liberty of bail. 7. Learned counsel for the informant as well as learned A.G.A. have vehemently opposed the bail application on the ground that the injured Salman has sustained 10 pellet injuries which indicates that the said injuries were dangerous to life and the applicant has been assigned the role of firing, as such the applicant is not entitled for bail. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and taking into consideration the delay in institution of FIR coupled by the fact that both the parties have sustained injuries as such it is not possible to ascertain as to which party is aggressor one, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant- Arshlan, 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 the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall 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 19, 2025 Sumit S BAIL No. 32362 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad