Neutral Citation No. - 2025:AHC:55721 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4154 of 2025 Applicant :- Aman Mathur Opposite Party :- State of U.P. Counsel for Applicant :- Harish Kumar Srivastava,Kumar Ankit Srivastava,Sachin Malik Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, seeking enlargement on bail in Case Crime No. 876 of 2024, under Sections 115(2), 352, 118(1), 118(2), 324(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Baghpat, District Baghpat during the pendency of the trial in the court below. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is languishing in jail since 25.12.2024. It is also submitted that the applicant is innocent person and he has been falsely implicated in the present case. The applicant is not named in the FIR and on the confessional statement of named accused Rohit and Beer Singh, the name of the applicant has come into picture. As per the statement of co-accused Rohit, the applicant gave a blow on the stomach of the injured by the key of the scooty. 3. Learned counsel for the applicant has further submitted that the other co-accused persons namely Rohit and Satyam, who are named in the FIR, have already been granted bail by the Co- ordinate Bench of this Court vide order dated 02.04.2025 and 19.03.2025 respectively. The applicant has no criminal history. 4. On the instructions, learned counsel for the applicant undertakes that the applicant shall abide by all terms and conditions imposed by this Court while granting the bail. He has prayed for enlarging the bail of the applicant. 5. Learned AGA has vehemently opposed the prayer for bail and submitted that the injuries sustained by the injured are serious in nature which is on vital part of the body. It is submitted that the role has been assigned to the present applicant to give blow to the injured on stomach. It is further submitted that the main role has been assigned to the present applicant, therefore he cannot claim parity with the co-accused Rohit and Satyam. It is next submitted that in view of the facts and circumstances, there is no merit in the present application. 6. Heard learned counsel for the applicant, learned AGA for the State-respondents and perused the contents made in the application. 7. I have also perused the injury report of the injured person. It is admitted that the injured sustained injuries on the vital part of the body i.e. the stomach but not dangerous to life. The applicant is languishing in jail since 25.12.2024 for more than four months and there are no previous criminal history as he is a reputed person of the Society and he is permanent resident of address given in the memo of parties. The other co-accused persons have already been granted bail but at this juncture, it is clarified that the main role is assigned to the applicant, therefore, I have not convinced the argument on the parity with two other co-accused persons who have already been enlarged on bail by the Co-ordinate Bench of this Court but taking into the facts and circumstances as stated above, I am inclined to grant bail to the applicant. The bail application is allowed. 8. Let the accused-applicant Aman Mathur who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- 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 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 B.N.S.S. If in the opinion of the Trial Court absence of the 50,000/-applicant is deliberate or 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 16.4.2025 Pratima Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad