Neutral Citation No. - 2025:AHC:35873 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8511 of 2025 Applicant :- Santosh Sah Opposite Party :- State of U.P. Counsel for Applicant :- Dewendra Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant and Sri Neeraj Kumar Sharma, learned AGA 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.663 of 2024, under Sections 308(5), 317(2), 191(2), 115(2), 281, 127(2) B.N.S., Police Station Chauri Chaura, District Gorakhpur, during the pendency of the trial. 3. Counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the present case. The incident is alleged to have occurred on 13.12.2024. The first information report was lodged on 16.12.2024. The delay is fatal to the prosecution case. The injured was examined by the doctor on 16.12.2024. As per the medical report the injuries sustained by the injured were found simple in nature. The name of the applicant was subsequently disclosed by the injured in his statement given to the police. A vague and general role has been assigned to the applicant. The applicant is in jail since 20.12.2024, having no criminal history and in case, he is enlarged on bail, he will not misuse the said liberty. 4. Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record this Court prima facie finds that the applicant was not named in the first information report. The first information report has been lodged belatedly. The injuries sustained by the injured were found simple in nature. A vague and general role has been assigned to the applicant. Further, the applicant has remained confined for more than two months 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 applicant, 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 applicant is entitled to be enlarged on bail. 6. Let the applicant Santosh Sah, involved in the aforesaid case 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 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; (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 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad