Neutral Citation No. - 2025:AHC:29340 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7252 of 2025 Applicant :- Duggi @ Avnish Kumar @ Dugga Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Goyal Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Sri Shubham Kumar, Advocate, has filed his Vakalatnama and short counter affidavit on behalf of the informant. The same are taken on record. 3. Heard learned counsel for the applicant, Sri V.P. Tripathi, learned A.G.A. for the State-opposite party, and Sri Shubham Kumar, learned counsel for the informant. 4. 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. 452 of 2021, under Sections 308, 406, 323, 504 I.P.C., Police Station Dibiyapur, District Auraiya during the pendency of the trial. 5. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. As per the allegations in the first information report, five accused persons including the applicant are alleged to have assaulted the informant's husband Sumit and his nephew Pranshu. No medical report with regard to Pranshu is available in the case diary. As per the medical report, Sumit received two injuries on his head. At this stage the author of the said injuries is not known. It is further contended that after investigation the parties have entered into a compromise. The copy of the compromise is annexed as annexure-5 to the affidavit. The criminal history of the applicant has been explained in Paragraph- 4 of the supplementary affidavit. The applicant is in jail since 13.09.2024 and if he is released on bail, he will not misuse the said liberty. 6. Sri Shubham Kumar, learned counsel for the informant, does not dispute the submissions made by learned counsel for the applicant. He submits that the informant has no objection if the applicant is released on bail. 7. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 8. Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that vague and general role has been assigned to the applicant. No medical report with regard to Pranshu is available in the case diary. As per the medical report, the informant received two injuries on his head. At this stage the author of said injuries is not known. Moreover, the applicant has remained confined for more than five 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. 9. Let the applicant- Duggi @ Avnish Kumar @ Dugga, 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. 10. 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 :- 3.3.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad