Neutral Citation No. - 2025:AHC:61107 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5797 of 2025 Applicant :- Bhupendra Tyagi Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Dubey Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant bail application under Section 483 of B.N.S.S. has been filed for bail in Case Crime No.637 of 2018, under Sections 147, 308, 325, 452 of I.P.C., Police Station - Jagdishpura, District - Agra. 2. Learned counsel appearing on behalf of applicant has submitted that the applicant has not committed any offence as alleged in the F.I.R. and he has been falsely implicated due to ulterior motive. He has further submitted that as per the F.I.R. version as well as statement of injured witness, which is annexed as Annexure 3 of the paper book, the general role has been assigned to the present applicant. The main role of causing injury has been assigned to co- accused, Praveen Kumar, who had given Lathi blow on the head of the injured. It is further submitted that other three co-accused persons have already been enlarged on bail by Sessions Court Agra and the present applicant is also on similar footing as other three co-accused persons, who have already been enlarged on bail by the Sessions Court, Agra. It is further submitted that applicant is languishing in jail since 28.01.2025. There is no previous criminal history against the applicant. The weapon i.e. Lathi has been recovered from possession of co-accused, Praveen Kumar and no recovery was made from possession of the present applicant. 3. Taking into consideration the aforesaid facts, it is prayed on behalf of applicant that he may be released on bail in the aforesaid crime. It is further undertaken by learned counsel for the applicant that applicant shall abide by all terms and conditions as imposed by this Court. 4. Per contra, learned A.G.A. appearing on behalf of the State, in advance notice, has vehemently opposed the bail application of applicant and has not contradicted the facts as stated by learned counsel for applicant during arguments that three co-accused persons have already been granted bail by Sessions Court, Agra and the same role has been assigned to the present applicant, applicant is languishing in jail since 28.01.2025, there is no previous criminal history against the applicant, the applicant has not make out any case for releasing him on bail and applicant shall abide by all terms and conditions as imposed by this Court. 5. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 6. Taking into consideration the nature of allegation, general role assigned to the present applicant, bail granted by the trial court to other co-accused persons who are on the same footing, no recovery has been made from possession of the applicant, there is no previous criminal history against the applicant and there is no chance to conclude the trial in near future, without expressing any finding or opinion on merits of the case, the applicant is releasing on bail. Accordingly, the bail application is allowed. 7. Let the applicant - Bhupendra Tyagi who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- (fifty thousand) 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. . (Chandra Dhari Singh, J.) Order Date :- 23.4.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad