Neutral Citation No. - 2025:AHC:13074 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45773 of 2024 Applicant :- Golu Alias Abhay Kumar Kharwar Opposite Party :- State of U.P. Counsel for Applicant :- Raj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Raj Kumar Singh, learned counsel for the applicant as well as Shri Rajesh Kumar Singh, learned A.G.A. for the State and perused the record. 2. This bail application has been filed on behalf of applicant Golu @ Abhay Kumar Kharwar in Case Crime No. 46 of 2024, under Section 307/34 I.P.C., Police Station Dubhar, District Ballia with the prayer to enlarge the applicant on bail. 3. It has been argued by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. It is submitted that F.I.R lodged against two persons including the applicant. It is a no injury case as informant neither received any injury nor he was medically examined. F.I.R was lodged after a delay of one day and no plausible explanation is given for such delay. There was no eye witness of the alleged incident. Independent witnesses Ganesh Yadav, Priyansh Yadav, Rajesh Yadav and Shaharul Nisha have not supported the prosecution version. No incriminating article has been recovered either from the possession or pointing out of the applicant. Apart from this case, applicant has no criminal history to his credit, which is duly explained in paragraph-28 of the bail application. Co-accused namely Prince Kharwar has already been released on bail vide order dated 3.9.2024 passed by this Court in Crl. Misc. Bail Application No. 31092 of 2024. In case, applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial. 4. Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but could not dispute the aforesaid aspect of the matter. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 6. Let the applicant Golu @ Abhay Kumar Kharwar, in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned subject to the following conditions: (1). The applicant will not tamper with the prosecution evidence during the trial. (2). The applicant will not influence any witness. (3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted. (4). The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence. 7. In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail. Order Date :- 24.1.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad