Neutral Citation No. - 2025:AHC:69848 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11816 of 2025 Applicant :- Sarvesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Mahendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. Instant application filed under Section 483 of B.N.S.S seeking bail in Case Crime No. 207 of 2024, under Sections 333, 115 (2) , 352, 351 (2), 109 (1), 3 (5) B.N.S., Police Station Saadh, District Kanpur Nagar. 2. Learned counsel appearing for the applicant submitted that applicant is innocent and he has not committed any offence as alleged in the first information report. He is languishing in jail since 28.01.2025. It is further submitted that injured was medically examined, and therefore, he was referred for C.T. Scan of head. As per the doctor opinion, the injury sustained by the injured on his head was not danger of life. It is also submitted that during investigation the statement of the injured/first informant was recorded under Section 180 of BNSS and there are material contradictions in the said statement and the contents made in the F.I.R.. It is also submitted that incident has taken place on 06.11.2024 at around 09:00 am while the first information report was lodged after one day i.e. 07.11.2024 at about 04:30 pm without any explanation. It is further submitted that medical report does not support the version of first information report. It is further submitted that applicant has been falsely implicated in the instant case only due to property dispute between applicant and complainant. He is deep rooted person in the society and is permanent resident of address as mentioned in the application. It is also submitted that co-accused on the similar footing has already been granted bail by this Court vide order dated 21.04.2025. It is further submitted that there are no chance of completion of trial in near future. It is also undertaken that he will abide by all terms and conditions as imposed by this Court while granting bail. 3. Per contra, learned A.G.A. appearing on behalf of State vehemently opposed the bail application and submitted that there are sufficient material to connect the present applicant in the commission of offence as alleged in the first information report. The injury sustained by the injured is on the vital part of the body i.e. on the head. Learned A.G.A. further submitted that considering the aforesaid facts and circumstances of the case, applicant is not entitled to be enlarged on bail. 4. Heard learned counsel for the applicant as well as Sri Rajesh Kumar Gupta, learned A.G.A. appearing on behalf of the State in advance notice and perused the contents made in the first information report as well as statement of the injured. 5. I have also perused the medical report. As per the medical report, there are no injury sustained by the applicant which is fatal to life. Applicant has also undertaken that he will abide by all terms and conditions imposed by this Court while granting the bail. There are no chance of completion of trial in near future. 6. Taking into consideration all entirety of the matter as discussed above, evidence and material on record, nature of offence, without expressing any opinion on the merits of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed. 7. Let the applicant- Sarvesh Kumar, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 2.5.2025 Pratima (Chandra Dhari Singh,J.) Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad