Neutral Citation No. - 2025:AHC:103936 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7471 of 2025 Applicant :- Ballar Alias Shubhanarayan Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Kumar Tripathi,Purushottam Mani Tripathi Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Shri Purushottam Mani Tipathi, learned counsel for the applicant, Shri Amrit Raj Chaurasiya, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 757/2024, under Sections 191(2), 109, 115(2) B.N.S., Police Station- Bansgaon, District Gorakhpur. 3. Learned counsel for the applicant submits that the statement of the injured shows that the applicant and the co-accused have been assigned the role of assault by danda. He further submits that in fact it is a cross case in which both the side have sustained injuries. Learned counsel further submits that the cross F.I.R. has also been lodged against the informant and others, copy of which is annexed as Annexure-5 to the affidavit accompanying the bail application.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 06.02.2025. It is further submitted that applicant has explained the criminal history of two cases in para-14 of the supplementary affidavit. It is next submitted that charge sheet has been submitted in the present case, therefore, there is no requirement of custodial interrogation. He further contended that identically situated co-accused Vijay Bahadur @ Jeetan has already been granted bail by a co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 2938/2025 vide order dated 01.05.2025. He is seeking parity of the order aforesaid. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Learned A.G.A. for the State opposed the prayer for bail but could not dispute the aforesaid facts. 5. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion 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- Ballar Alias Shubhanarayan involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- i. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 3.7.2025 Sharad/- Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad