Neutral Citation No. - 2025:AHC:14375 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44182 of 2024 Applicant :- Dariyav Opposite Party :- State of U.P. Counsel for Applicant :- Vidya Dhar Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Two supplementary affidavits filed by the learned counsel for the applicant are taken on record. Heard Shri Vidya Dhar Yadav, learned counsel for the applicant and Shri Purshottam Maurya, learned AGA for the State- respondents and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Dariyav, seeking enlargement on bail in Case Crime No. 363 of 2023, under sections-323, 504, 506 and 308 I.P.C., Police Station-Junawai, District-Sambhal. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number. Applicant is languishing in jail since 13.10.2024. First Information Report has been lodged on 26.10.2023 against the applicant and three other named accused persons. Initially, the First Information Report was lodged under Sections 323, 504 506 and 325 but later on the during investigation on the basis of supplementary medical report of the injured Morshree, Section 324 was converted in to Section 308 I.P.C. In the present case Charge sheet has been filed. It is a cross case version. Both sides haves sustained injuries. Nothing has been recovered from the possession or pointing out of 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 applicant has no criminal antecedents. 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, Dariyav, 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 :- 31.1.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad