Neutral Citation No. - 2025:AHC:57209 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7155 of 2025 Applicant :- Dulli Chand Opposite Party :- State of U.P. Counsel for Applicant :- Raj Kumar Pandey,Sudhir Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, Shri Puneet Kumar Singh, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant,Dulli Chand, seeking enlargement on bail in Case Crime No. 463 of 2024, under Sections 115(2), 118(1), 352, 109 of the Bharatiya Nyaya Sanhita, 2023, Police Station Rudrapur, District Deoria. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 17.11.2024. Learned counsel for the applicant submits that there is cross case between the parties and both the parties lodged first information report against each other and sustained injuries from each side. As per prosecution story, on 16.10.2024 in the morning when the informant passing through the village road, she saw that the applicant is fighting amongst themselves. She went on the spot and tried to mediate between them, but due to old enmity between the applicant and informant family, the applicant abused and beaten her. During investigation Section 109 of B.N.S., 2023 has been added against the applicant. From the informant side only informant get injured and medically examined. From the applicant side, the informant, his daughter and Kiran Devi sustained injury and get medically examined. The allegation levelled against the applicant-accused is wholly false, fabricated, and the applicant has no role in it. He 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, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Considering all above 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,Dulli Chand, 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 :- 16.4.2025 SFH Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad