Neutral Citation No. - 2025:AHC:36657 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45473 of 2024 Applicant :- Adil Opposite Party :- State of U.P. Counsel for Applicant :- Ram Raj Pandey,Shubham Pandey Counsel for Opposite Party :- Birendra Singh Khokher,G.A. Hon'ble Ashutosh Srivastava,J. Counter affidavit and rejoinder affidavit filed today is taken on record. Heard Shri Shubham Pandey learned counsel for the applicant, Shri Birendra Singh Khokher, learned counsel for the informant and Sri R.P. Srivastava, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Adil, seeking enlargement on bail in Case Crime No. 342 of 2024, under Sections 109, 191(2), 126(2), 125, 352 of the Bharatiya Nyaya Sanhita, 2023, Police Station Khekra, District Baghpat. 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 13.10.2024. Learned counsel for the applicant submits that only general allegation of assault has been levelled against the applicant and no specific allegation of assault has been levelled against the applicant. It is further submitted that as per statement of Doctor three injuries were grievous in nature and one injury was fatal, but, applicant cannot be attributed to cause grievous injury on the injured. It is further submitted that there is no independent witness of the alleged incident and the rest witnesses are interested witness. It is further submitted that 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 counsel for the informant as well as learned AGA has vehemently opposed the prayer for bail and jointly submitted that applicant and his associates caused grievous injuries on the injured with common intention of killing the victim. Having heard and gone through materials placed on record, it is apparent that as per the statement of Doctor three injuries were simple in nature and one injury was grievous in nature, however, only general allegation of assault has been levelled against the present applicant and as to who caused grievous injury to the victim cannot be assigned to the present applicant. Considering all above 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, Adil, 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 :- 12.3.2025 Karan Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad