HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32357 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Vivek Kumar Singh, learned counsel for the applicant and Sri Sudhanshu Kumar Mishra, 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. 305 of 2025, under Sections 109(1), 117(2), 118(1) of BNS, Police Station Phoolpur, District Prayagraj, 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 days and there is no explanation of the said delay caused. 5. Learned counsel has next stated that there are general and omnibus allegations against all the accused persons. No particular over act has been assigned to any person whatsoever, as such the applicant is entitled for bail. 6. There is no criminal history of the applicant. The applicant is languishing in jail since 29.07.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. Versus Counsel for Applicant(s) : Sanjay Kr. Srivastava, Vivek Kumar Singh Counsel for Opposite Party(s) : G.A., Sudhanshu Kumar Mishra Rajesh Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Learned counsel for the informant as well as learned A.G.A. have vehemently opposed the bail application on the ground that the delay stands explained from the fact that new born baby of the informant had expired, as such he was busy in the said course and could not institute the FIR. It is next stated that injuries are grievous in nature. Even the supplementary report is yet to come, which is not on record, 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 the FIR and also there being general and omnibus allegations against all the accused persons, 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- Rajesh Kumar, 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. 32357 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad