Neutral Citation No. - 2025:AHC:60299 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5420 of 2025 Applicant :- Krishna Shankar Upadhyaya Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. Supplementary affidavit filed today is taken on record. 2. 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. 1 of 2025, under Sections 191(2), 191(3), 333, 326(Cha), 115(2), 352 of the Bharatiya Nyaya Sanhita, 2023, Police Station Kolhui, District Maharajganj during the trial of the case. 3. Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and has been falsely implicated in the present case due to ulterior motive. The applicant has not committed any offence as alleged in the F.I.R. The general role has been assigned to all the accused persons for beating the injured persons. As per the injury report, which is part of the supplementary affidavit, the injuries sustained by the injured persons are simple in nature and not on the vital part of the body. It is also submitted that there are no previous criminal history and the applicant is a person of clean antecedents. It is further submitted that the applicant is languishing in jail since 03.01.2025. The investigation has been completed and the charge-sheet has been filed on 03.03.2025. There are no material to connect the applicant to the present case. It is next submitted that co-accused Indrajeet Yadav has already been granted bail by the Coordinate Bench of this Court vide order dated 01.04.2025. 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 applicant on bail. 4. Per contra, learned counsel appearing on behalf of State who has accepted notice in advance vehemently opposed the instant bail application but has not contradicted the fact that there are no previous criminal history of the present applicant and he is languishing in jail since 03.01.2025 and the charge-sheet has been filed on 03.03.2025. He has submitted that after completion of investigation, the police has filed charge-sheet. There are sufficient material collected by the police during the investigation against the applicant to connect him with the alleged offence. In view of the above facts, the applicant may not be released on bail. 5. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 6. It is not disputed that there are no previous criminal history of the applicant and he is languishing in jail since 03.01.2025. The charge sheet has been filed before the competent court and there are no chance for completion of trial in near future. The co- accused Indrajeet Yadav has already been granted bail by the Coordinate Bench of this Court vide order dated 01.04.2025. Taking into consideration all entirety of the matter as discussed above, I am inclined to grant bail to the applicant. The bail application is allowed. 7. Let the applicant- Krishna Shankar Upadhyaya 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 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. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 22.4.2025 Pratima Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad