Neutral Citation No. - 2025:AHC:60504 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5696 of 2025 Applicant :- Wahid Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Singh Tomar Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. Supplementary affidavit filed on behalf of applicant is taken on record. 2. Instant application filed under Section 483 of B.N.S.S seeking bail in Case Crime No. 367 of 2024, under Sections 333, 115 (2), 352, 351 (3), 109 (1), 117 (2) B.N.S., Police Station Kithour, District Meerut, during pendency of trial. 3. Learned counsel appearing for the applicant submitted that applicant is innocent and he has been falsely implicated in the present case. He has not committed the offence as alleged in the first information report. He is named in the first information report but as per the version of first information report, no role of giving injuries to the injured persons has been assigned to the applicant and only role of catching hold has been assigned to him. Learned counsel appearing on behalf of applicant submitted that similarly placed co-accused Nadeem has already been enlarged on bail by the co-ordinate Bench of this Court vide order dated 20.02.2025. A copy of the said order has also been placed before the Court for perusal. It is further submitted that after completion of investigation charge sheet has been filed on 28.02.2025. Learned counsel on behalf of applicant at the bar submitted that concerned Court has already taken congnizance in the instant matter. It is also submitted that there are two previous case criminal history of the applicant which has been explained in paragraph no. 3 of the supplementary affidavit filed in support of the bail application. It is also undertaken on behalf of applicant that he shall abide by all terms and conditions imposed by this Court while granting bail. 4. Per contra, learned A.G.A. appearing on behalf of State vehemently opposed the bail application but he has not contradicted the facts as stated by learned counsel for the applicant. 5. Heard learned counsel for the applicant as well as learned A.G.A. appearing on behalf of the State in advance notice and perused the material on record. 6. It is established fact that applicant has no role assigned for causing injury to the injured persons and only role of catching hold has been assigned to him. It is also admitted that similarly placed co-accused Nadeem has already been enlarged on bail by the co- ordinate Bench of this Court vide order dated 20.02.2025. After completion of investigation, charge sheet has already been filed. There are no chance of completion of trial in near future. It is also undertaken on behalf of applicant that he shall abide by all terms and conditions imposed by this Court while granting bail. There is no material brought by learned A.G.A. during arguments that accused/applicant may influence the trial or he is not co-operating in trial. Criminal history of applicant has already been explained in paragraph no.3 of the supplementary affidavit filed in support of bail application. 7. Taking into consideration all entirety of the matter as discussed above, nature of offence, without expressing any opinion on the merits of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed. 8. Let the applicant- Wahid, 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. 7. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 22.4.2025/AKT (Chandra Dhari Singh,J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad