Neutral Citation No. - 2025:AHC:27533 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2694 of 2025 Applicant :- Aamir And Another Opposite Party :- State of U.P. Counsel for Applicant :- Rishabh Shukla,Yogendra Nath Shukla Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Shri Yagyavalk Pandey, learned AGA for the State-opposite party and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicants, Aamir and Parvej, seeking enlargement on bail in Case Crime No. 368 of 2024, under Sections 115(2), 352, 351(3), 117(2), 118(1), 109(1) of the Bharatiya Nyaya Sanhita, 2023, Police Station Masuri, District Ghaziabad. 3. 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 08.11.2024. They have no criminal antecedent and there is no likelihood of their fleeing from course of justice or tampering with evidence in case of release on bail. 4. Learned counsel for the applicants submits that no offence as alleged in the FIR has been made out against the applicants. The incident occurred due to quarrel between the children while they were playing. There is no independent witness against the applicants while the incident has taken place at public place. The injuries sustained to the injured are not fatal. As per F.I.R. no specific role assigned to the applicant. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed, but could not dispute the fact that applicants have no criminal antecedents. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicants, Aamir and Parvej, 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: i. The applicants will not tamper with the evidence. ii. The applicants will not indulge in any criminal activity. iii. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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. 9. 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 :- 27.2.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad