Neutral Citation No. - 2025:AHC:46666 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3705 of 2025 Applicant :- Rajesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Pradeep Kumar Tiwari, learned counsel for the applicant and Shri Arimardan yadav, learned AGA for the State- respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Rajesh Kumar, seeking enlargement on bail in Case Crime No. 418 of 2024, under Sections 190, 191 (2), 191 (3), 115 (2), 109 (1) B.N.S., Police Station-Mauaima, District-Prayagraj. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 24.12.2024. Learned counsel for the applicant submits that First Information Report has been lodged on 22.12.2024 with the allegation that the father of the first informant Munna Lal while going to toilet the named accused persons Subhash Chandra, Vijay Kumar, Ajay Kumar, Sanjay Kumar and Rajesh Kumar suddenly started beating him with Iron Rod, Spade and Danda with an intention to kill him and on his raising hue and cry, Surendra Kumar and Anil Kumar tried to save him the accused persons also beat them up and due to which they sustained injuries. Learned counsel for the applicant submits that the real fact is that there is a civil dispute between the parties with regard to Bhumidhari Land and due to which this sudden incident occurred. He further submits that on 22.12.2024 the informant and 17 other persons attacked upon the applicant and his family members armed with Lathi, Danda, Sabbal and Axe in which the applicant, and two other persons have sustained injuries and for the said incident a first information report has been lodged. It is a cross case version. Both the sides have sustained injuries. Criminal history of one case has been explained in paragraph no. 26 of the affidavit filed in support of bail application and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Rajesh Kumar, 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. 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 :- 3.4.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad