Neutral Citation No. - 2025:AHC:35248 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8439 of 2025 Applicant :- Mohan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajatshatru Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicants, Sri V.P. Tripathi, learned AGA for the State and perused the record. 2. The instant bail application has been filed with a prayer to enlarge the applicants on bail in Case Crime No. 160 of 2021 (Raju Singh vs. Shiv Prasad & others), under Sections 395, 323, 504 I.P.C., Police Station- Kurara, District- Hamirpur, during pendency of the trial. 3. Counsel for the applicants contends that the applicants have been falsely implicated in the instant case. The incident is alleged to have occurred on 14.11.2020. The application under Section 156(3) Cr.P.C. for registration of the F.I.R. was filed on 24.02.2021. No such incident had occurred. Earlier, the applicants and the informant were challaned on 16.11.2020 by the Sub- Divisional Magistrate, Sadar, Hampirpur under Sections 151, 107, 116 Cr.P.C. In order to harass the applicants, the instant prosecution has been instituted against them. No medical report with regard to the injuries sustained by the injured has been annexed along with complaint. The applicants are in jail since 22.01.2025, having no criminal history. In case they are enlarged on bail, they will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid facts from the record. 5. Having heard learned counsel for the parties and having perused the record this Court prima facie finds that the complaint was filed belatedly. No medical report with regard to the injuries sustained by the injured has been annexed with complaint. A prior dispute exists between the parties. At this stage, there is no substantive evidence against the applicant. Further, the applicant has no criminal antecedents and has remained confined for more than one month and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicants, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on bail. 6. Let the applicants, Mohan, Shiv Prasad and Kallu involved in the aforesaid case be released on bail on their furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicants shall not temper with the prosecution evidence; ii. the applicants shall not pressurize the prosecution witness; and, iii. the applicants shall appear on each and every date fixed by the trial court. 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 :- 11.3.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad