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Neutral Citation No. - 2025:AHC:31151 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7595 of 2025 Applicant :- Mannu Opposite Party :- State of U.P. Counsel for Applicant :- Girish Tiwari Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned A.G.A. for the State-opposite party. 2. The instant bail application under Section 483 B.N.S.S. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 641 of 2024, under Sections 115(2), 352, 309(4), 109, 324(4), 191(2) B.N.S., Police Station Meerganj, District Bareilly during the pendency of the trial. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. Seven accused including the applicant and 8-10 unknown persons are alleged to have assaulted the informant and 4 others. As per the medical report of five injured, injury no. 2 of Ram Prakash and injury 2 of Aman Bajaj were on non-vital part of the body. The said injuries were found grievous in nature but not dangerous to life. The other injuries of the injured persons were found simple in nature. In such circumstances, it is contended that the case would not travel beyond Section 117 B.N.S. It is next contended that there is cross- version of the alleged incident. From the side of the applicant three persons received injuries. The aggressor is still to be ascertained. At this stage there is no clarity with regard to role of the applicant. The applicant is in jail since 06.01.2025 having no criminal history and if he is released on bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that as per the medical report of five injured, injury no. 2 of Ram Prakash and injury 2 of Aman Bajaj were on non-vital part of the body. The said injuries
were found grievous in nature but not dangerous to life. The other injuries of the injured persons were found simple in nature. There is cross-version of the alleged incident. At this stage there is no clarity with regard to role of the applicant.
The applicant has no criminal antecedents. Moreover, the applicant has remained confined for almost two months and after submission of the charge-sheet there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Mannu, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 5.3.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad