Neutral Citation No. - 2025:AHC:69393 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10046 of 2025 Applicant :- Mahesh Chaudhary Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Rai Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant application has been filed under Section 483 of the BNSS, 2023 for seeking bail in Case Crime No. 62 of 2024 under sections 147, 148, 149, 307, 427, 504, 506 IPC, Police Station - Bhanwarkol, District – Ghazipur during pendency of the trial. 2. Mr. Kamal Krishna, learned Senior Advocate assisted by Mr. Pradeep Kumar Rai appearing on behalf of the applicant submitted that the applicant is innocent and has not committed offence as alleged in the FIR. He has been falsely implicated in this case. It is further submitted that the instant FIR was lodged on 2.6.2024 at 9:30 pm against the applicant and 7 others. According to the FIR, applicant and other co-accused persons made assault through wooden stick and due to that assault made by them, the informant and three other persons on complainant side were injured. It is also submitted that six persons have been injured on the applicant's side. The applicant sustained bullet injury on his leg shot by the informant. It is submitted that FIR registered against each other are cross FIRs. 3. Learned senior counsel further submitted that injury sustained by three persons are simple in nature and not on the vital part of the body. The other allegations levelled against the applicant are false and fabricated. The applicant has been falsely implicated in this case. It is further submitted the criminal history of four cases against the applicant has duly been explained in paragraph no. 45 of the paper book. It is also submitted that there is no credible evidence on record at this stage to link the applicant for the said offence. 4. It is informed that after completion of the investigation, charge sheet has already been filed on 9.1.2025. Further it is submitted that other co-accused person i.e. Chandan Rai has already been enlarged on bail by the coordinate Bench of this Court vide order dated 17.9.2024. A copy of the order has been annexed as Annexure-11 to the paper book. It is submitted that the applicant is in jail since 21.12.2024. 5. It is also submitted that in view of the facts and circumstances of the case, it is prayed on behalf of the applicant that the applicant may be released on bail in the aforesaid crime. It is further undertaken that applicant shall abide by all terms and conditions as imposed by the Court. while granting bail. 6. Per contra, learned counsel appearing on behalf of the State, in advance notice, has vehemently opposed the instant bail application but has not contradicted the aforesaid facts as stated by the learned counsel for the applicant during argument. 7. Heard learned senior counsel for the applicant, learned AGA for the State and perused the record. 8. I have gone through the contents made in the application as well as the documents appended with the application and perused affidavit. It is admitted fact that the applicant is languishing in jail since 21.12.2024, charge sheet has already been filed on 9.1.2025, the other co-accused person has already been enlarged on bail by the co-ordinate Bench of this Court and further there is no chance of early conclusion of the trial. 9. Taking into consideration all the reasons as stated above, without expressing any opinion on the merit of the case, I am inclined to grant bail to the applicant. The bail application is allowed. 10. Let the applicant - Mahesh Chaudhary, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- (Rs. Fifty thousand) 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 the 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 BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate of 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. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 1.5.2025 S.K.S. (Chandra Dhari Singh,J.) Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad