Neutral Citation No. - 2025:AHC:56925 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10276 of 2025 Applicant :- Amarnath Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Vikram Singh,Amit Kumar Rajput Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1.Instant application has been filed under Section 483 of the BNSS, 2023 for seeking bail in Case Crime No. 1218 of 2024 under sections 191(2), 115(2), 351(3), 352, 331(5) of BNS, Police Station - Gullriha, District - Gorakhpur during pendency of the trial. 2. Learned counsel appearing on behalf of the applicant/petitioner submitted that the applicant is innocent person and has been falsely implicated in this case due to ulterior motive and previous enmity. Instant FIR has been lodged with the malice intention only to harass the applicant. 3. It is further submitted that he is languishing in jail since 23.02.2025. It is submitted that co-accused Akhilesh was granted bail vide order dated 4.4.2025 passed by co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 10876 of 2025 (Akhilesh Vs. State of UP). 4. There is criminal history of one case against the applicant, which has been explained in paragraph no. 21 of the affidavit. In this case applicant has already been enlarged on bail. Injury sustained by the co-accused person is also simple in nature. 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. 6. Per contra, learned counsel appearing on behalf of the State has vehemently opposed the instant bail application but the could not contradict the fact that co-accused has already been granted bail by co-ordinate Bench of this Court. 7. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 8. Considering the entire facts and circumstances of the case and submissions made by counsel for the parties, keeping in view of the evidence, severity of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made a case for bail. Accordingly, the bail application is allowed. 9. Let the applicant - Amarnath, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rupees 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 17.4.2025 S.K.S. (Chandra Dhari Singh,J.) Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad