HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 5030 of 2026 Court No. - 66 HON'BLE SAMEER JAIN, J. 1. Supplementary affidavit filed on behalf of the applicant is taken on record. 2. Heard Sri Vijay Shanker, learned Advocate holding brief of Sri Tanay Srivastava, learned counsel for the applicant and Sri Kunwar Tejendra Bahadur Singh, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.23 of 2025, under Sections 115(2), 118(1), 109, 309(5) BNS, Police Station Baraut, District Baghpat, during pendency of the trial. 4. Learned counsel for the applicant submits, according to the FIR, 3-4 unknown persons caused knife injuries to the son of the informant and during investigation applicant has been made accused. 5. He further argued, according to the prosecution, incident was also witnessed by uncle of the injured Liyaqat and he however, disclosed the name of the applicant along with Rajan but only general role has been assigned by him to all the accused. 6. He further argued, during investigation, when first statement of the injured was recorded then he only disclosed the name of co-accused Rajan and Basu and did not even disclose the name of applicant but when after statement of alleged eye-witness Liyaqat, the uncle of the injured his Versus Counsel for Applicant(s) : Tanay Srivastava Counsel for Opposite Party(s) : G.A. Ankit .....Applicant(s) State of U.P. .....Opposite Party(s) second statement was recorded then he disclosed the name of applicant and stated that applicant caused knife injuries to him. 7. He further argued, subsequent statement of the injured prima facie appears to be un-reliabe as if applicant would have caused injuries to him then he would have disclosed this fact in his first statement. 8. He further argued, even co-accused Rajan has been released on bail by co-ordinate Bench of this Court and his bail order has been annexed along with the instant bail application. 9. He next submits, actually police is highly inimical with the applicant and earlier also in number of false cases of theft police had implicated him and therefore, in this case during investigation applicant has been made accused. 10. He further argued, criminal history of 8 cases of the applicant has been explained in the instant bail application and majority of the cases were of theft and however, one case is of Section 109 BNS but it is a case of police encounter no injury case. 11. He further submits, in the present matter applicant is in jail since 14.02.2025 i.e. for last more than a year. 12. Per contra, learned AGA opposed the prayer for bail and submits, injured in his subsequent statement categorically stated that applicant caused knife injury to him but could not dispute the fact that when his first statement was recorded then he did not even disclose the name of the applicant. 13. Learned AGA further submits, however, apart from the present case applicant is having criminal history of eight other cases but he could not dispute the fact that his criminal history has been explained in the supplementary affidavit filed in support of the instant bail application and majority of the cases were of theft in which during investigation applicant has been made accused. 14. He further could not dispute the fact that in the present matter applicant is in jail since 14.02.2025 i.e. for last more than a year. BAIL No. 5030 of 2026 2 15. I have heard learned counsel for the parties and perused the record of the cast. 16. However, it reflects, injured in his second statement recorded during investigation stated that applicant caused knife injuries to him but earlier when his first statement was recorded then he did not even disclose the name of the applicant. 17. Further, however, as per prosecution, Liyaqat, the uncle of the injured was eye-witness and he disclosed the name of the applicant in his statement recorded during investigation but it reflects, along with the applicant he also disclosed the name of co-accused Basu and Rajan and only general role has been assigned by him to all and co-accused Rajan has been released on bail by co-ordinate Bench of this Court. 18. Further, apart from the present case applicant is having criminal history of eight other cases but his criminal history has been explained and majority of the cases were of theft and in almost all the cases it appears, police made him accused during investigation. 19. Further, in the present matter applicant is in jail since 14.02.2025 i.e. for last more than a year. 20. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 21. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 22. Let the applicant -Ankit be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer BAIL No. 5030 of 2026 3 or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 23. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 24. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. May 5, 2026 S.A. BAIL No. 5030 of 2026 4 (Sameer Jain,J.) Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad