Neutral Citation No. - 2025:AHC:39486 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2847 of 2025 Applicant :- Majnu Opposite Party :- State of U.P. Counsel for Applicant :- Faheem Ahmad,Zafar Abbas Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Vakalatnama filed by Sri Harendra Yadav, Advocate, on behalf of informant, which is taken on record. 2. Heard learned counsel for the applicant, Sri Harendra Yadav, learned counsel for the informant, Sri Azad Singh, learned AGA for the State-respondents and perused the record. 3. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Manu, seeking enlargement on bail in Case Crime No. 212 of 2024, under Sections 115 (2), 352, 351 (2), 109, 3 (5) BNS, Police Station Deedarganj, District Azamgarh. 4. The allegation made in the FIR is that the applicant and six other accused persons have beaten up the injured (nice of the informant) with lathi, danda, fists and kicks etc. 5. 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 04.12.2024. He has a criminal antecedent of three cases, which has been explained in para 19, 20 and 21 of the affidavit 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 there is no specific allegation against the applicant and other co- accused persons. There is general allegation against all the accused persons including the applicant. It is next submitted that in this case if the injured have received fracture injury in which they were silent for three days for their medical examination and from the aforesaid fact it is clear that the said injuries of the injured are manufactured and self inflicted to falsely implicated the applicant and other co-accused persons. It is next submitted that one injured has received one liner fracture but it is not clear who is the author of the aforesaid injury. If the whole prosecution version is presumed to be true even then the instant case does not travel beyond Section 118 (2) BNS. No case is made out under Section 109 (2) BNS against the applicant and other co-accused persons. Hence, bail has been prayed for. 6. Learned AGA as well as learned counsel for the first informant have vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 7. 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. 8. Accordingly, the bail application is allowed. 9. Let the accused-applicant, Majnu, 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. 10. 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 :- 18.3.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad