Neutral Citation No. - 2025:AHC:51669 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11601 of 2025 Applicant :- Avaid Alias Uvaish Opposite Party :- State of U.P. Counsel for Applicant :- Anand Pati Tiwari Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. Heard learned counsel for the applicant, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, seeking enlargement on bail in Case Crime No. 519 of 2024, under Sections 191(2), 191(3),190, 109, 324(4),125,126 (2), 3(5) of the Bharatiya Nyaya Sanhita, 2023, Police Station Shalimar Garden, District Ghaziabad.. 3. Learned counsel for the applicant submitted that the applicant is innocent person and has not committed any offence as alleged in the FIR. The applicant is languishing in jail since 13.10.2024 and he has no criminal history. 4. Learned counsel for the applicant submitted that as per the FIR which was lodged on 08.10.2024 there are allegations against two accused persons including the applicant who has caused injury to the injured persons by the iron rod. It is submitted that after perusal of the medical report of the injured persons, the injuries are simple in nature and not dangerous to life. It is also submitted that after investigation, charge-sheet has been filed before the concerned court. 5. On the instructions, learned counsel for the applicant undertakes that the applicant shall abide by all terms and conditions imposed by this Court while granting the bail. He has prayed for enlarging the applicant on bail. 6. Learned AGA has vehemently opposed the prayer for bail and submitted that there are serious injuries on the vital part of the injured persons. He has referred the injury report which is appended as annexure 2 to the paper book. Learned AGA has fairly conceded that there are no criminal history against the applicant. He has also submitted that the investigation has already been completed and the charge-sheet has been filed. 7. Having heard and gone through materials placed on record, it is apparent that the injuries sustained by the injured persons sustained head injury and the doctor has not opined that the injuries were grievous or dangerous to life and taking into consideration the fact that the applicant is languishing in jail since 13.10.2024 and has no criminal history and he is not habitual offender, I am inclined to grant bail to the applicant. The bail application is allowed. 8. Let the accused-applicant,Avaid @ Uvaish, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 1 lakh 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 50,000/-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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 9.4.2025 Pratima Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad