Neutral Citation No. - 2025:AHC:82850 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3071 of 2025 Applicant :- Raghvendra Diwakar Opposite Party :- State of U.P. Counsel for Applicant :- Paritosh Sukla,Vijay Kumar Pandey Counsel for Opposite Party :- G.A.,Saurabh Pathak Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Paritosh Shukla, learned counsel for the applicant, Sri Saurabh Pathak, learned counsel for the informant, Sri Anil Kumar 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, Raghvendra Diwakar, seeking enlargement on bail in Case Crime No. 138 of 2024, under Sections 109, 115 (2), 352, 351 (2) BNS and Section 3/25/27 Arms Act, Police Station Airwa Katra, District Auriaya. 3. 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 09.10.2024. He has criminal antecedent of two cases, which has been explained in para 4 of the supplementary 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 it is a cross case. There is enmity between both the family in which the wife of the applicant has already lodged an FIR bearing Case Crime No. 84 of 2023 under Section 323, 504, 325 IP;C, P.S. Arwakatra, District Auraiya and due to this, the informant and his family members have in planned manner initially beaten the applicant and later on with collision to the concerned police, they have implicated the applicant in the present case. It is argued that the injured Veer Singh and Veeru have been medically examined on 02.10.2024, at Saifai Itawah and as per the medical report, the injured Veeru has sustained four injuries and as per the opinion of doctor injury nos. 2, 3 & 4 may be caused by sharp and hard object and the injured Veer Singh has sustained 5 injuries and as per the opinion of doctor, injuries no. 4 and 5 may be caused by hard and sharp object. It is further submitted that the investigating officer has investigated the case in a routine manner and submitted charge sheet against the applicant on 11.11.2024. 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, Raghvendra Diwakar, 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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 :- 16.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad