Neutral Citation No. - 2025:AHC:52242 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10097 of 2025 Applicant :- Maheep Katiyar Opposite Party :- State of U.P. Counsel for Applicant :- Prem Shankar,Saurabh Chaturvedi,Sushma Soni,Sr. Advocate Counsel for Opposite Party :- Bipin Kumar,G.A.,Mohd. Naushad Siddiqui Hon'ble Ashutosh Srivastava,J. Heard Shri I.K.Chaturvedi, learned Senior Counsel, assisted by Shri Saurabh Chaturvedi, learned counsel for the applicant, Shri Bipin Kumar, learned counsel for the first informant and learned A.G.A. for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Maheep Katiyar, seeking enlargement on bail in Case Crime No. 257 of 2024, under Sections 109, 115 (2), 117 (2), 352, 351 (2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023, Police Station Kakadev, District-Kanpur Nagar. Learned Senior counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 14.11.2024. Learned Senior counsel for the applicant submits that First Information Report has been lodged on 13.10.2024, against four accused persons, with the allegation that on 13.10.2024, applicant and other accused persons started digging a pit in front of the shop of the first informant and when the first informant and injured objected them, then all the named accused persons, including the applicant, hurled abuses and when the first informant approached the Police Station, the applicant and his wife Smt. Sandhya Katiyar assaulted the brother of the first informant namely Sanjeev and sister in Law (Bhabhi) Ratna Katiyar and when the son of the first informant, namely Om Katiyar, tried to save them the applicant has given blow by Sabad over the head of Om Katiyar, Sanjeev Kumar and his wife Ratna and due to which the son of the first informant become unconscious. Thereafter the injured Om Katiyar was taken to Hallet Hospital therefrom due to his serious condition injured was referred to Regency Hospital where he was admitted in I.C.U. Learned Senior counsel for the applicant further submits that it is a case of sudden quarrel and the same has occurred when the first informant and his family members were digging pit in front of the shop of the first informant. Learned Senior counsel for the applicant submits that the real fact is that in the present incident both the sides have sustained injuries which is clear from the medical report of Sandhya Katiyar, which has been annexed at Annexure no. 19 of the affidavit filed in support of bail application. He further submits that the co-accused Sandhya Katiyar has already been granted bail by the Court below vide order dated 15.12.2024. He 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, bail has been prayed for. Learned counsel for the first informant as well as learned A.G.A. vehemently opposed the bail application by submitting that specific role has been assigned to the applicant of giving blow of Sabar over the head of the son of the First Informant namely Om Katiyar, Sanjeev Katiyar and Smt. Ratna Katiyar, and due to which all of them have sustained serious injuries and the Doctor in his statement has specifically said that due to injuries sustained by the Om Katiyar, his left side of body is not properly working. Having heard learned counsel for the parties and gone through materials placed on record, it is apparent that it is a case of sudden provocation and both sides have sustained injuries, co-accused Sandhya Katiyar, has already been granted bail, applicant has no criminal antecedents and considering the all above 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, Maheep Katiyar, 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 :- 9.4.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad