Neutral Citation No. - 2025:AHC:30583 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47157 of 2024 Applicant :- Uttam Singh Opposite Party :- State of U.P. Counsel for Applicant :- Anand Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant as well as Sri Arimardan Yadav, learned A.G.A. for the State and perused the record. This bail application has been filed on behalf of applicant in Case Crime No. 20 of 2023, under Sections 323, 325, 308, 504, 506 I.P.C., Police Station Trans Yamuna, District Agra with the prayer to enlarge the applicant on bail. 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 further submitted that initially F.I.R was lodged under Sections 323, 504, 506 I.P.C against three persons including the applicant. The alleged incident took place on 28.01.2023 while F.I.R was lodged after a delay of five days and no plausible explanation has been given for such an inordinate delay. General role of marpeet with lathi, danda and bricks has been assigned to the applicant. Three persons namely Asha Devi, Vikas and Geeta Devi sustained injuries. Injured Vikas and Geeta Devi were examined in the District Hospital while injured Asha Devi was examined in a private hospital. On the basis of statements of Doctors of private hospitals Sections 325 and 308 I.P.C were added. Nothing incriminating was recovered either from the possession or from his pointing out. It is further submitted that all the sections mentioned in the F.I.R are punishable below seven years. It is further submitted that on the similar footing the co- accused Ajeet Singh has been granted bail by this Court vide order dated 09.07.2024 passed in Criminal Misc. Bail Application No. 23314 of 2024, therefore, applicant is also entitled to be released on bail. It is further submitted that applicant is languishing in jail since 12.12.2024 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail and submitted that as per the doctor's opinion, injuries sustained by injured-Asha Devi are grievous in nature. 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. Let the applicant Uttam Singh, involved 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. 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 :- 3.3.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad