Neutral Citation No. - 2025:AHC:35863 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8449 of 2025 Applicant :- Jeetu Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant and Sri Rupak Chaubey, 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. 12 of 2023, under Sections 147, 148, 149, 323, 325, 308, 506, 452 I.P.C., Police Station Surir, District Mathura during the pendency of the trial. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The incident is alleged to have occurred on 11.01.2023. The first information report was lodged on 13.01.2023. The delay is fatal to the prosecution case. As per the allegations in the first information report, 12 accused including the applicant are alleged to have assaulted the injured Jagdish. The injured sustained 19 injuries, out of which most of the injuries were abrasion and contusion. In the CT Scan of head, there was hematoma. A vague and general role has been assigned to the applicant. The applicant has not been nominated as the principal offender who caused the head injury. It is next contended that identically placed co-accused Bhagwan Singh, Visnu and Aakash have been granted bail by this Court vide orders dated 14.05.2024, 23.05.2024 and 27.07.2023 passed in Criminal Misc. Bail Application Nos. 18621 of 2024, Bhagwan Singh v. State of U.P., 20239 of 2024, Visnu v. State of U.P., and 17325 of 2023, Aakash v. State of U.P., respectively. The applicant claims parity. The applicant is in jail since 31.01.2025 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 a vague and general role has been assigned to the applicant. The applicant has not been nominated as the principal offender who caused the head injury. Identically placed co-accused Bhagwan Singh, Visnu and Aakash have been granted bail by this Court. The applicant has no criminal antecedents. Moreover, the applicant has remained confined for more than one month and 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- Jeetu, 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 :- 11.3.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad