Neutral Citation No. - 2025:AHC:43569 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4883 of 2025 Applicant :- Salman Hashmi Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh,Pratibha Singh,Sanjay Kumar Tripathi,Yogesh Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Sri Arimardan Yadav, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Salman Hashmi, 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 16.01.2025. 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. The maternal uncle of the applicant has lodged an NCR on 20.06.2023 against the first informant, his brother, father and uncle, at P.S. Badlapur, District, in which after deep and fair investigation charge sheet has been submitted by the police and on its, cognizance has been taken by learned Magistrate on 29.03.2023. 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. It is submitted that the investigating officer without conducting proper investigation has illegally submitted charge sheet against the applicant and other accused persons under Sections 323, 506, 504, 308 IPC and the learned Magistrate without applying his judicial mind took cognizance thereon on 17.09.2023. The applicant has been falsely implicated in the present case on account of enmity and in a counter blast only to save his skin. Neither the applicant and co- accused caused any injuries to the injured person from the side of the first informant nor take participation in the present crime. Hence, bail has been prayed for. 5. Learned AGA has 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, Salman 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 :- 20.3.2025/v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad