Neutral Citation No. - 2025:AHC:13414 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46111 of 2024 Applicant :- Achche Gaddi Opposite Party :- State of U.P. Counsel for Applicant :- D.M.Tripathi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri D. M. Tripathi, learned counsel for the applicant, learned counsel for the complainant and Sri Arimardan Yadav, learned A.G.A. for the State as well as perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No. 193 of 2024, under Sections 333, 352, 351(3), 109 B.N.S. and under Sections 3/4 of Explosive Act, P.S. Karari, District Kaushambi. In the prosecution case it is alleged that informant who is by profession an advocate through phone has come to know that on 08.08.2024 at about 12:45 Kaif son of Wazid Ansari and Achhe son of Subban entered into the house of the informant and attacked with knife due to which his father has sustained injuries on head and other parts of the body. It is alleged that serious injuries have also been received due to pellets. Age of his father is 82 years. After hearing the sound of bomb, the wife of the informant saw that gun was put at the chest of his father and it was fired however, it missed. Upon alarm being raised by his wife, both have ran away while hurling abuses and extending threats. He has further drawn attention of the court towards the injury report of the injured which is Annexure-3 to the affidavit which only shows abrasion and contusion on the person of injured and no injury of firearm, bomb or fracture has been found. It is thus submitted on behalf of the applicant that superficial injuries have been found on the body of the injured. They are not matched with the prosecution version. Injuries of such nature could not come from knife or a bomb. He submits that the applicant is in jail since 10.08.2024. Learned counsel for applicant submits that applicant has no criminal history. He submits that taking advantage of being an Advocate, informant has framed the applicant in this case. No motive has been assigned to the present applicant for committing the crime. It is further submitted that on the similar footing the co- accused Mohd. Kaif, has been granted bail by this Court vide order dated 23.10.2024 passed in Criminal Misc. Bail Application No. 37058 of 2024, therefore, the applicant is also entitled to be released on bail. Learned A.G.A. has opposed the bail prayer but could not dispute the aforesaid fact. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 10.08.2024 without having no criminal history, injury report, statement of the injured but without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant, Achche Gaddi, be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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 or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. Order Date :- 24.1.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad