Neutral Citation No. - 2025:AHC:14547 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41224 of 2024 Applicant :- Aleem Opposite Party :- State of U.P. Counsel for Applicant :- Bhuvnesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. Matter is taken up in the revised call. By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 219 of 2024 at Police Station-Nehtaur, District-Bijnor under Section 147, 148, 302/34, 323, 504, 506 I.P.C. The applicant is in jail since 05.09.2024. The bail application of the applicant was rejected by the learned trial court on 23.09.2024. The following arguments made by Shri Bhuvnesh Kumar Singh, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Suchit Tandon, learned A.G.A. from the record, entitle the applicant for grant of bail: 1. Briefly put the prosecution case set out in the F.I.R. states that there was an old standing feud between one Wasim and the family of the first informant. On the fateful day, one Anas along with others assaulted the father of the first informant and threatened him. The father of the first informant reported the offence to the police authorities. Thereafter, the said Wasim along with his sons and others assaulted the deceased causing the fatal injury. 2. A vague and general role has been assigned to the applicant in the FIR. 3. The applicant has no feud or animosity with the deceased. He had no motive to commit the offence. 4. The applicant has been nominated at the instigation of inimical parties on account of his acquaintance with the said Wasim. 5. The applicant has not been identified as the principal offender who inflicted the sole fatal injury to the deceased. 6. No incriminating article has been recovered from the applicant. 7. The case of the applicant is distinguishable from the other principal accused persons. 8. The applicant has explained his criminal history. It is also contended that the applicant has become a soft target and a convenient scapegoat for the police authorities who nominated him in a number of false cases to burnish their professional credentials. The said cases do not have any bearing on the instant bail application. 9. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of her influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant-Aleem be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:- (i) The applicant will not tamper with the evidence or influence any witness during the trial. (ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The learned trial court is directed to fix the sureties after due application of mind in light of the judgement rendered by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023). The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties or onerous conditions which are unrelated to the socioeconomic status of the applicant. Order Date :- 31.1.2025/Vandit Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad