Neutral Citation No. - 2025:AHC:13834 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33051 of 2024 Applicant :- Guddu Khan And 4 Others Opposite Party :- State of U.P. Counsel for Applicant :- Alok Kumar Srivastava,Shyam Murari Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicants, Shri Shashank Singh, learned Brief Holder for the State-opposite party and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicants, Guddu Khan, Javed Khan, Naushad Khan, Akram Khan and Idrish Khan seeking enlargement on bail in Case Crime No. 480 of 2024, under Sections 191(2), 125, 109, 121(1), 132 of the Bharatiya Nyaya Sanhita, 2023 and section 7 of Criminal Law Amendment Act, Police Station Bilari, District Moradabad. 3. Learned counsel for the applicant argued that the accused- applicants are innocent. They have been falsely implicated in this very case crime number and are languishing in jail since 04.08.2024. They have no criminal antecedent and there is no likelihood of their fleeing from course of justice or tampering with evidence in case of release on bail. 4. Learned counsel for the applicants submits that no offence as alleged in the FIR has been made out against the applicants; there is no independent witness of the alleged incident; there are eight injured in this case; all the injuries received to the injured are simple in nature; general role of causing injury has been assigned to all the accused persons. Co-accused namely Ikrar Khan and Ashraf Jaan @ Ashraf Khan, has been released on bail vide orders dated 21.10.2024 & 7.11.2024 passed by the co-ordinate Bench of this Court passed in Crl. Misc. Bail Application Nos. 34909 of 2024 & 40686 of 2024. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed, but could not dispute the fact that applicants have no criminal antecedents. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Guddu Khan, Javed Khan, Naushad Khan, Akram Khan and Idrish Khan involved in above mentioned case crime number be released on bail, on their 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: i. The applicants will not tamper with the evidence. ii. The applicants will not indulge in any criminal activity. iii. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicants 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 their bail. Order Date :- 24.1.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad