Neutral Citation No. - 2025:AHC:1727 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37662 of 2024 Applicant :- Uvesh Opposite Party :- State of U.P. Counsel for Applicant :- Shyam Shanker Pandey Counsel for Opposite Party :- G.A.,Sandeep Tripathi Hon'ble Ashutosh Srivastava,J. Heard Shri Shyam Shankar Pandey, learned counsel for the applicant and Shri Manoj Kumar Singh, learned AGA for 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- applicant, Uvesh, seeking enlargement on bail in Case Crime No. 292 of 2024 under Sections 109 (1), 118 (2) BNS, Police Station Thana Bhawan, District-Shamli. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number. The applicant is languishing in jail since 18.08.2024. First Information Report has been lodged on 17.08.2024 whereas the incident took place on 16.08.2024 without any plausible explanation of delay of one day. It is a cross case version both sides have sustained injuries but the police of the concerned Police Station has not lodged the First Information Report of the applicant. The applicant in jail since more than four months. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed bail application of the applicant by submitting that the applicant has intentionally given blow of iron rod and hammer on the head and stomach of Mohsin and thereafter the applicant caused injuries upon the head of the Aas Mohammad by Iron Rod, but could not dispute the fact that the applicant has no criminal antecedents and he is in jail since last more than four months. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, period of incarceration of more than four months, 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-applicant, Uvesh, involved in above mentioned case crime number be released on bail, on his 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 applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his 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 his bail. Order Date :- 3.1.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad