Neutral Citation No. - 2025:AHC:136971 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4668 of 2025 Applicant :- Banti Opposite Party :- State Of U.P. Though It Principal Secretary (Home)Lucknow Counsel for Applicant :- Atul Kumar Counsel for Opposite Party :- G.A.,Sunil Kumar Tiwari Hon'ble Ashutosh Srivastava,J. Heard Sri Atul Kumar, learned counsel for the applicant, Sri Puneet Kumar Singh, learned AGA for the State-Respondent and perused the record. The present bail application has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 154 of 2024, under Sections 103(1), 115(2), 118(1), 131, 333, 351(2), 351(3), 352 of the Bharatiya Nyaya Sanhita, 2023, Police Station Kakrauli, District Muzaffar Nagar. Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant further submits that the FIR has been registered with some delay of which no satisfactory explanation has been given. He further submits that on the pointing out of the applicant one Tabal has been shown to be recovered from the possession of the applicant. There is no independent witness of the alleged incident. There is variation in the statement of the witness recorded by the Investigating Officer, which belies the prosecution story. He further submits that it is a case of sudden quarrel while thee was no intention or motive of the applicant and other co-accused. No specific role and motive has been assigned to the applicant in the present case. The role of assaulting the victim has not been assigned to the applicant. He further submits that it is a cross case and persons of both side had sustained injuries. It is further submitted that on the similar footing the co-accused Shubham and Prashant has been granted bail by the Co-ordinate Bench of this Court vide order dated 28.11.2024 and 07.01.2025 passed in Criminal Misc. Bail Application No. 39224 of 2024 and Criminal Misc. Bail Application No. 46379 of 2024 respectively, therefore, the applicant is also entitled to be released on bail.The applicant is languishing in jail since 21.08.2024. The applicant 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. Hence, the bail has been prayed for. Learned AGA has vehemently opposed the prayer of bail, but could not dispute the above submissions raised by learned counsel for the applicant. Considering all those 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. Accordingly, the bail application is allowed. Let the accused-applicant, Banti, 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. 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 :- 12.8.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad