Neutral Citation No. - 2025:AHC:28449 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42686 of 2024 Applicant :- Kalu Alias Vikas Opposite Party :- State of U.P. Counsel for Applicant :- Abhay Pratap Singh,Deepak Kumar Yadav Counsel for Opposite Party :- G.A.,Hemant Sharma Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant and Shri Ajay Kumar Singh, learned A.G.A. representing the State respondents and Shri Saurabh Kumar, under the authority of Shri Hemant Sharma, learned counsel for the first informant and perused the record. This bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, has been moved on behalf of accused- applicant, Kalu Alias Vikas, seeking enlargement on bail in Case Crime No. 286 of 2024, under Section 115(2), 352, 351 (3), 117 (2) & 109 of B.N.S., Police Station-Gulawati, District- Bulandshahar. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 06.09.2024. First Information Report has been lodged against four named persons including the applicant with the allegation that the applicant and other accused persons attacked by iron rod and sharped edged weapon upon the first informant and his father and due to which they have sustained several injuries. Learned counsel for the applicant has submitted that only general role has been assigned to all the accused persons. Nothing incriminating has been recovered from the applicant or on the pointing out of the applicant. Criminal history of four cases has been explained in the affidavit filed in support of bail application as well as in supplementary affidavit 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 as well as learned counsel for the first informant have 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-applicant, Kalu @ Vikas, 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 :- 28.2.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad