HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 43151 of 2025 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Shiv Sharan Tripathi, learned counsel for accused applicant and learned A.G.A. for State. 2. The present bail application has been moved by the applicant/ accused- Gautam to enlarge him on bail in Case Crime No. 674 of 2025, under Sections 109(1), 115(2), 351(2) 351(3) 352 BNS and Section 4/25/27 Arms Act, P.S.- Banna Devi, District- Aligarh, during the pendency of trial. 3. It is the contention of learned counsel for applicant that the accused applicant has been falsely implicated during investigation in the FIR dated 27.09.2025 lodged by Sri Sabir Ali, the father of injured Mohd. Hasan with the allegation that four persons had assaulted Mohd. Hasan. The accused/applicant was not amongst those four persons. It is after eight days that the name of accused/applicant has been taken by the informant and injured. It is further contended that in the statement of informant there is no disclosure that how the names of four persons was known to him and why the name of accused/applicant has not been mentioned in the FIR at that point of time. It is the contention of learned counsel that the applicant has been falsely implicated due to enmity between the accused/applicant and informant as there is allegation that accused/applicant was having some relations with the daughter of informant. It is therefore, subsequently the name of accused/applicant has been indicted in the case and assigned the main role of inflicting the knife Versus Counsel for Applicant(s) : Dharmendra Kumar Rajput, Shiv Sharan Tripathi Counsel for Opposite Party(s) : G.A. Gautam .....Applicant(s) State of U.P. .....Opposite Party(s) injuries. The applicant has criminal history of one case, wherein he is on bail. The previous FIR was also lodged by the same informant. The charge sheet is submitted. The trial is at nascent stage.The accused applicant is languishing in jail since 06.10.2025. He seeks to be enlarged on bail. 4. Learned A.G.A. for State and learned counsel for the informant have opposed the prayer for bail. 5. This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the record. 6. Considering that no role is assigned initially in the FIR against the accused/applicant, though the FIR is specifically restricted to allegation against four named persons, the accused/applicant is entitled to be released on bail. 7. Hence, without touching merit of the case, the bail application is allowed. 8. The accused/applicant 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 court concerned in view of observation made by the Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in re [(2024)10SCC 685]. 9. The accused-applicant shall cooperate in judicial process for fair and speedy disposal. September 23, 2026 Abhishek Sri. BAIL No. 43151 of 2025 2 (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad