Neutral Citation No. - 2025:AHC:10104 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47335 of 2024 Applicant :- Dharmpal Opposite Party :- State of U.P. Counsel for Applicant :- Pawankumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant and learned AGA for the State-respondent. 2. The instant bail application under Section 483 BNSS has been filed with a prayer to enlarge the applicant on bail in Case Crime No.461 of 2024, under Sections 115 (2), 333, 352, 110, 117 (2) BNS, Police Station Tilhar, District Shahjahanpur, during the pendency of trial. 3. Counsel for the applicant contends that the applicant has been falsely implicated in the present case. As per the allegations in the FIR, the applicant along with three other co-accused persons are alleged to have assaulted Shyama Charan, Shivakant and Rajveer. As per the medical report as well as supplementary medical report, injuries sustained by Shivakant and Rajveer were simple in nature. The other injured Shyama Charan was examined at District Hospital, District, Shahjahanpur on 08.08.2024. As per the medical report, injured Shyama Charan received six injuries, out of which injuries No.1 and 2 were found grievous in nature. It is contended that author of the injuries No.1 and 2 caused on the head of injured is not known. Even in the statement of injured, Shayama Charan, a vague and general role has been assigned to the applicant. The applicant is in jail since 15.08.2024 and having has no criminal history. In case, he is enlarged on bail, he will not misuse the said liberty. 4. Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record, this Court prima facie finds that a vague and general role has been assigned to the applicant. The applicant has not been nominated as the principal offender, who caused the injury on the head of Shyama Charan. At this stage there is no clarity with regard to the role of the applicant. The applicant has no criminal antecedents. Further, the applicant has remained confined for more than three months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant Dharmpal, involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 21.1.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad