Neutral Citation No. - 2025:AHC:39373 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3577 of 2025 Applicant :- Mithilesh Singh Opposite Party :- State of U.P. Counsel for Applicant :- Gauri Shankar Tripathi,Rajeev Upadhyay Counsel for Opposite Party :- Atul Pandey,G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Sri Atul Pandey, learned counsel for first informant, Sri Puneet Kumar Singh, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 438 (1) BNSS has been moved on behalf of accused-applicant, Mithilesh Singh, seeking enlargement on bail in Case Crime No. 0242 of 2021, under Sections 147, 323, 504, 506, 307 of the Indian Penal Code, Police Station Jahanaganj, District Azamgarh. 3. The allegation made in the FIR is that on 11.11.2021, at 9:00 a.m., the applicant and other accused persons have beaten and abused the informant and in this incident the informant and his relatives/pattidar Ajeet Singh and Bharat Sing got injured the they were also threatened for their life. 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 07.10.2024. 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 as per the medical examination report of the injured complainant Vijay Singh @ Jhabbar Singh the doctor opined that simple nature of injuries caused by hard and blunt object. In the medical report of inured Ajeet Singh, the doctor opined that all injuries caused by hard and blunt object and for injury no. 1 and 2 advised for X-ray and medical report of injured Bharat Singh, the doctor opined that all injuries caused by hard and blunt object and for injury no. 1 referred to eye surgeon and for 2, 3 and 4 to radiologist for X-ray. Learned counsel for the applicant has further submitted that neither the FIR nor in the aforesaid medical reports there was any whisper about any fire shot or any injury caused by firearm. It is submitted that during investigation Section 307 IPC was added. The case of the applicant does not fall within the ambit of Section 307 IPC. The FIR is belated and has been lodged on the basis of false narrative after consultation in which a charge sheet No. 233/21 has been filed. Hence, bail has been prayed for. 5. 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. 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, Mithilesh 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. 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 :- 18.3.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad