Neutral Citation No. - 2025:AHC:51783 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3634 of 2025 Applicant :- Saif Hashmi Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Tripathi,Yogesh Kumar Tiwari Counsel for Opposite Party :- G.A.,Pooja Chand Dwivedi,Pragya Pandey,Saumya Singh Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Ms. Pooja Chand Dwivedi, learned counsel for the informant, Sri Arimardan Yadav, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 of B.N.S.S. has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 169 of 2023, under Sections 323, 504, 506, 308 of the Indian Penal Code, Police Station Badlapur, District Jaunpur. 3. The present FIR has been lodged on 17.06.2023, at 14:00 hours, on the basis of false and frivolous allegation after thought and consultation. According to the FIR the applicant and other co- accused persons have beaten the father of the informant by brick, stone and danda, in which the father of informant namely Rajai @ Sahabuddin has received head injury. 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 18.12.2024. 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 it is a case of counter blast. Learned counsel for the applicant has next submitted that the injured Rajai @ Sahabuddin was medically examined and according to the injury report, the injury of the injured found simple in nature. he next submitted that after five days of alleged incident, C.T. brain of injured was also done on 22.06.2023 and according to C.T. brain report head injury was found and injury is grievous in nature. Learned counsel for the applicant has next submitted that the C.T. Scan report of injured is forged and fabricated which was done at private centre and only enhance the gravity, which was prepared with the help of police personnel and employees of the hospital. Co-accused namely Salman Hashmi has already been released on bail vide order dated 23.03.2025 passed by this Court in Crl. Misc. Bail Application No. 4883 of 2025. Hence, bail has been prayed for. 5. Learned counsel for the first informant and learned AGA 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, Saif Hashmi, 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 :- 8.4.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad