HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32563 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Rahul Kumar Pandey, learned counsel for the applicant and Sri Rajendra Prasad Singh, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 408 of 2025, under Sections 352, 109, 351(3) of BNS and Sections 4/25 of Arms Act, Police Station - Kotwali Padrauna, District - Kushinagar, during the pendency of trial. 4. As per prosecution story, the applicant along with co-accused person Dhannu Kumar is stated to have assaulted the informant with knife, causing grievous injuries to him on 22.07.2025 at about 06:00 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 21 hours and there is no explanation of the said delay caused. 6. Learned counsel has argued that only one incised wound was sustained by the victim while the role of assault with knife has been assigned to two assailants, as such, it cannot be ascertained as to who was the author of said incised wound. 7. Learned counsel has next contended that the applicant is languishing in jail since 23.07.2025, 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) : Rahul Kumar Pandey Counsel for Opposite Party(s) : G.A. Appu Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) cooperate with trial. 8. Per contra, learned State Law Officer has 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. 9. 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 one incised wound sustained by the victim, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Appu 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 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. 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. October 6, 2025 Siddhant BAIL No. 32563 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad