Neutral Citation No. - 2025:AHC:56546 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2855 of 2025 Applicant :- Anil Rajbhar Opposite Party :- State of U.P. Counsel for Applicant :- Shweta Nishad Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Shweta Nishad, learned counsel for the applicant, Sri Ajay Singh, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Anil Rajbhar, seeking enlargement on bail in Case Crime No. 1036 of 2024, under Sections 191 (2), 191 (3), 190, 115 (2), 352, 109, 131, 61 (2), 3 (5), 118 (1) BNS, Police Station Jhangha, District Gorakhpur. 3. The allegation made in the FIR is that on 07.12.2024, at about 3:30 p.m., 20 named accused persons including applicant and 7-8 unknown persons together came to the house of Ram Karan Rajbhar on the pretext of holding a Panchayat and when the sons of informant reached there along with his friends, the applicants and other named and unknown persons attacked the sons of informant with the intention to kill them by knife and in the aforesaid incident, the condition of Sandeep Chauhan remains critical. 4. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 09.12.2024. 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. Learned counsel for the applicant submits that in the incident, no specific role has been assigned to the applicant and general role has been assigned to all the accused persons. It is submitted that it is a cross case, earlier from the side of first informant, present FIR bearing case Crime No.1036 of 2024, under Sections 191 (2), 191 (3), 190, 115 (2), 352, 109, 131, 61 (2), 3 (5), 118 (1) BNS, Police Station Jhangha, District Gorakhpur, was lodged for the same incident on the same day on 09.12.2024 at 01:09 hours, in which from the side of applicants 20 named and 7-8 unnamed persons have been made accused and, thereafter, from the applicant side had lodged the FIR bearing Case Crime No. 1041 of 2024, under Sections 191 (2), 191 (3), 190, 115 (2), 352, 351 (2), 109, 127 (2), 3 (5) BNS, P.S. Jhangha, District Gorakhpur, on 09.12.2024 against 30 persons in respect to the same incident which took place on 07.12.2024. In the said incident from the side of first informant, 29 named and 25-30 unnamed persons have been made accused. It is next submitted that till date investigation has not been complicated and charge sheet has also not been submitted. There is no independent eye witness in the alleged incident and the alleged entire prosecution story against the applicant is false, fabricated and baseless and concocted. Hence, bail has been prayed for. 5. Learned AGA vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Anil Rajbhar, 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. 9. 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 :- 16.4.2025/v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad