Neutral Citation No. - 2025:AHC:33385 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8052 of 2025 Applicant :- Sanjay Kumar Gautam Opposite Party :- State of U.P. Counsel for Applicant :- Mahendra Kumar,Rahul Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Rahul Singh, learned counsel for the applicant and Sri D.P.S. Chauhan, learned A.G.A. for the State as well as perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant Sanjay Kumar Gautam seeking bail in Case Crime No. 217 of 2024, under Sections 109 and 352 B.N.S., P.S. Phoolpur, District Prayagraj. As per the prosecution case, sons of informant namely, Sooraj Bind and Raju Bind were standing near Bank at Mailahan crossroad, where a dispute is stated to have arisen between applicant and injured persons over falling off the motorcycle. Due to this applicant-Sanjay Harijan abused and attacked them with knife with intention to kill them. Due to which the sons of informant got seriously injured and the applicant run away from the place of incident. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number due to previous enmity. The applicant is languishing in jail since 29.08.2024. He has further drawn attention of the court towards the injury reports of the injured persons namely, Raju Bind and Sooraj Bind which is annexed as Annexure-10 to the affidavit filed in support of the bail application, the injury of Raju Bind only shows single injury on his abdomen shown as "Lacerated wound size 1.5xo.5cm out over left hypochandmine region 15.0cm away from uniblicus" and Sooraj Bind has also received single injury on his abdomen shown as "Lacerated wound size 1xo.5cm cut over mid of abdomen". Learned counsel for applicant further submitted that there is supplementary injury reports of injured persons which did not support the prosecution case. It is thus submitted on behalf of the applicant that superficial injuries have been found on the body of the injured persons. It is further submitted that the incident took place due to sudden quarrel between applicant and injured persons and no motive has been assigned to the present applicant for committing the crime. The applicant 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, the bail has been prayed for. Learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. Considering all those 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, Sanjay Kumar Gautam, 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 :- 6.3.2025 Akbar Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad