Neutral Citation No. - 2025:AHC:1332 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47319 of 2024 Applicant :- Jitendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Amit Daga,Manglam Pandey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Amit Daga, learned counsel for the applicant, Shri S.K. Rai, learned AGA-I 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, Jitendra Singh, seeking enlargement on bail in Case Crime No. 368 of 2024, under Sections 109(1), 190, 191(2), 191(3), 115(2), 352, 351(3) of the Bharatiya Nyaya Sanhita, 2023, Police Station- Babina, District- Jhansi, during the pendency of the trial in the court below. Learned counsel for the applicant argued that the accused- applicant is innocent and has been falsely implicated in this very case for ulterior motives. The FIR giving rise to the present bail application was lodged by the first-informant, Arjun Singh, s/o Ram Kundal Singh with the allegation that on account of a previous dispute which took place with his cousin brother, the applicant along with other co-accused persons armed with lathi, danda and country made pistol committed maarpeet with the informant and his family members opened fire and fled away from the spot after advancing life threats. The family members of the informant received grievous injuries in the said assault. The first informant did not receive any injury while the Medical Officer noted that injuries suffered by the family members of the informant were cause by hard and blunt object as well hard and sharp object. Though X-Ray was advised, no X-Ray was done. It is argued that the injuries sustained by the injured belie the FIR version. There is are contradictions in the statement of the injured. There is unexplained delay in lodging the FIR. None of the injured witnesses have specified any weapon upon the applicant. The statement of the injured Uttam Singh and Sanjay Singh to the effect that injuries sustained by them on their head were the outcome of falling on stone during stampede during the course of immersion of the Idol of Lord Ganesh establishes false implication of the applicant. No case under the alleged sections is made out against the applicant. The charge-sheet against the applicant has been submitted on 18.11.2024 under Section 191(2), 190, 115(2), 352, 351(3) of B.N.S.S. only and Section 109 B.N.S.S. has been dropped. It is argued that in such circumstances, the applicant is entitled to be enlarged on bail. He thus submits that the applicant is languishing in jail since 18.09.2024 and he 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. Sri S.K. Rai, learned AGA-I opposing the bail application submits that the applicant with a common intention along with other co- accused armed with lathi, danda and country made pistol caused grievous injuries to the family members of the first informant which included lady members also. Injuries have been reported to be grievous. The charges are yet to be framed against the applicant and as such the applicant is not entitled to be released on bail. From the records, it is revealed that the Investigating Officer after investigation has submitted chargesheet against the applicant under Section 190, 191(2), 191(3), 115(2), 352, 351(3) B.N.S.S. and has dropped Section 109(1) B.N.S.S. The applicant has no criminal history to his credit. The said fact is not disputed by learned AGA- I. Even otherwise, the prosecution/state/complainant can raise plea as to the addition of relevant sections of B.N.S.S. at the time of framing of charge by the trial court as has been held by the Apex Court in the case of State of Gujarat vs. Girish Radhakrishnan Varde, reported in 2014(3) SCC 659. 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, Jitendra Singh, 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 :- 3.1.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad