Neutral Citation No. - 2025:AHC:13570 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42410 of 2024 Applicant :- Devdutt @ Devu Opposite Party :- State of U.P. Counsel for Applicant :- Achyuta Nand Pandey,Anand Prakash Pandey Counsel for Opposite Party :- Rakesh Kumar Maurya,G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant and Shri S.K.Rai, learned A.G.A.-Ist, 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, Devdutt @ Devu, seeking enlargement on bail in Case Crime No. 485 of 2024, under Sections-115 (2) 118 (1), 109 (1), 117 (2), 125, 352, 351 (2), B.N.S. at Police Station-Tappal, District-Aligarh. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number. First Information Report has been lodged on 01.10.2024 with a delay of three days for the incident occurred on 28.09.2024 against the applicant and one other co-accused, without any plausible explanation, with the allegation that the applicant and co-accused has beaten the applicant by "Iron Lath Favri'. Learned counsel for the applicant submits that the allegation of assault has been assigned to both the accused persons but the injured has sustained only one injury on his head which is grievous is nature, and no specific role has been assigned to the applicant. 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, but could not dispute the fact that no specific role has been assigned to the applicant. 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-applicant, Devdutt @ Devu, 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 :- 27.1.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad