Neutral Citation No. - 2025:AHC:28336 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35937 of 2024 Applicant :- Jagmohan And Another Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Pandey,Satyam Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicants and Shri Manoj Kumar Singh learned A.G.A. representing the State respondents and perused the record. This bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, has been moved on behalf of accused- applicants, Jagmohan and Anil Kumar, seeking enlargement on bail in Case Crime No. 107 of 2024, under Sections 127 (2), 115 (2), 191 (2), 191 (3), 109 (1), and 117 (2) of B.N.S. Police Station- Kudhfatehgarh, District-Sambhal. Learned counsel for the applicants argued that the accused- applicants are innocent. They have been falsely implicated in this very case crime number and are languishing in jail since 05.08.2024. First Information Report has been lodged, with the delay of one day, against five named, including the applicants, and two unknown persons, on 04.08.2024 with the allegation that the applicants and other co-accused persons assaulted the husband of the first informant with sticks and sharp weapons. Learned counsel for the applicant submits that only general role has been assigned to the applicants. The recovery of two sticks from the possession of the applicants are planted one. There is no independent witness of the alleged recovery. Applicants have no criminal antecedents and there is no likelihood of their fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned learned AGA has vehemently opposed, but could not dispute the aforesaid fact. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicants, Jagmohan and Anil Kumar, involved in above mentioned case crime number be released on bail, on their executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicants will not tamper with the evidence. 2. The applicants will not indulge in any criminal activity. 3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicants will appear regularly on each and every date fixed by the trial court, unless their personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail. Order Date :- 28.2.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad