Neutral Citation No. - 2025:AHC:60772 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5629 of 2025 Applicant :- Gulesh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shashi Shankar Shukla,Vishvajeet Pandey Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant bail application has been filed on behalf of the applicant under Section 439 of the Cr.P.C.for seeking regular bail in Case Crime No. 0328 of 2024, under Section 452, 307, 34 IPC, Police Station - Phoolpur, District - Azamgarh during pendency of the trial. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent and has been falsely implicated in this case due to village party-bandi. As per allegation in the FIR, the accused persons entered into the house of the informant and assaulted several times with knife to his brother and his lung was injured by a knife. It is further submitted that merely allegation against the applicant for catching hold to the injured and the specific roll has been assigned to main accused namely Nilesh to attack on the injured by knife. Recovery of knife was also made from the main accused. It is next submitted that there is no criminal history against the applicant. The applicant is languishing in jail since 19.06.2024 i.e. more than 15 months. 3. It is also submitted that in view of the facts and circumstances of the case, it is prayed on behalf of the applicant that the applicant may be released on bail in the aforesaid crime. It is further undertaken that applicant shall abide by all terms and conditions as imposed by the Court while granting bail. 4.. It is further submitted that the other co-accused Monu and Rajnish have already been granted bail by co-ordinate Bench of this Court vide order dated 2.4.2025 passed in Criminal Misc. Bail Application No. 3688 of 2025 and 3640 of 2025 respectively which have been placed before this Court during the course of argument. 5. It is submitted by the learned counsel for the applicant that charge sheet has been filed on 13.8.2024. 4. Learned counsel for the State has vehemently opposed the instant bail application but could not dispute the fact that bail has been granted to other co-accused persons as stated by the learned counsel for the applicant during argument. Based on instructions received, learned AGA stated that after completion of the investigation, charge sheet has been filed in this case. 5. Heard learned counsel for the applicant, learned AGA for the State and perused the material available on record. 6. It is admitted fact that the role of the applicant is to catch hold the injured, however, the specific role has been assigned to the main accused Nilesh. Other co-accused persons have already been granted bail by the co-ordinate Bench of this Court. 7. Taking into consideration all entirety of the matter as discussed above, and without expressing any opinion on the merit of the case, I am inclined to grant bail to the applicant. The bail application is allowed. 8. Let the applicant - Gulesh, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rupees fifty thousand and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i). The applicant shall not tamper with the evidence. (ii) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate of without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 22.4.2025/S.K.S. (Chandra Dhari Singh,J). Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad