Neutral Citation No. - 2025:AHC:60980 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7206 of 2025 Applicant :- Ramniwas Opposite Party :- State of U.P. Counsel for Applicant :- Arpit Mishra,Ramji Shukla,Somesh Kumar Srivastava Counsel for Opposite Party :- Deepak Kumar Yadav,G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 2. The prosecution story in brief is that on 19.10.2024, the informant's father namely Vinod Kumar reached the tea stall of applicant and demanded his money upon which the applicant had thrown the boiled milk upon him due to which he sustained burn injuries from neck to navel. 3. Learned counsel for the applicant submits that the incident is alleged to have taken place on 19.10.20224 at about 07:30 P.M. whereas the F.I.R. has been lodged on 21.10.2024 at about 02:01 A.M. without there being any plausible explanation of such an inordinate delay. Learned counsel further submits that the applicant is aged about 62 years with 70% disability, who runs a tea stall and while shifting the boiled milk from the burner, the same was fallen upon the injured when in fact, the applicant had no such intention to throw away the boiled milk upon the informant's father. Learned counsel further submits that the injured sustained 15% burn injuries and had the applicant had such intention then the injured ought to have sustained more than 50% burn injury. It is thus contended that the applicant has been falsely implicated due to ulterior motive. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 27.10.2024. 4. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 5. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail. 6. Let applicant RAm Niwas involved in Case Crime No.0552 of 2024 under Sections 109 (1), 118 (1), 352 of B.N.S., Police Station Dibai, District Bulandshahr, be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 7. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. 8. The bail application is allowed. Order Date :- 23.4.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad