Neutral Citation No. - 2025:AHC:23225 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5267 of 2025 Applicant :- Mukesh Opposite Party :- State of U.P. Counsel for Applicant :- Tripurari Pal Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Copy of the supplementary medical report produced by learned A.G.A. is taken on record. 2. Supplementary affidavit filed by the counsel for the applicant is also taken on record. 3. Heard learned counsel for the applicant and Sri V.P. Tripathi, learned A.G.A. for the State-opposite party. 4. The instant bail application under Section 483 B.N.S.S. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 334 of 2024, under Sections 115(2), 352, 351(2), 333, 118(2), of B.N.S., Police Station Chharra, District Aligarh, during the pendency of the trial. 5. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. As per the allegations in the first information report, the applicant and three co-accused are alleged to have assaulted the informant and his daughter-in-law. As per the medical report, the informant sustained three injuries. Injury Nos.1 and 2 were sent for x-ray examination. Injury no.3 was found simple in nature. As per supplementary medical report, the informant received a fracture on the dental region. It is contended that though the injuries are grievous but not dangerous to life. Case of the applicant would not travel beyond Section 325 I.P.C. Further, there are vague and general allegations against the applicant. The applicant has not been nominated as the principal offender who caused grievous injury to the informant. Criminal history of the applicant has been explained in paragraph no.4 of the supplementary affidavit. The applicant is in jail since 29.11.2024 and if he is released on bail, he will not misuse the said liberty. 6. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 7. Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that there are vague and general allegations against the applicant. Though the injuries sustained by the informant are grievous but not dangerous to life. The applicant has not been nominated as the principal offender who caused grievous injury to the informant. Moreover, the applicant has remained confined for more than two months and after submission of the charge-sheet there is no hope of early conclusion of trial, and 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, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 8. Let the applicant- Mukesh, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of 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. 9. 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 :- 18.2.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad