Neutral Citation No. - 2025:AHC:53859 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11040 of 2025 Applicant :- Manoj Giri Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Prakash Chaturvedi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Vijay Prakash Chaturvedi, learned counsel for the applicant, Shri Rahul Srivastava, Advocate, holding brief of Shri Ram Prasad Dubey, learned counsel for the first informant and Shri Mithlesh Kumar, learned AGA 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, Manoj Giri, seeking enlargement on bail in Case Crime No. 05 of 2025, under Sections-109, 115 (2), 351 (3), 352, 3(5), 117 (2), 118 (2) of the Bharatiya Nyaya Sanhita, 2023, Police Station -Uska Bazar , District-Siddharth Nagar. Learned 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 09.01.2025. Learned counsel for the applicant submits that First Information Report has been lodged on 07.01.2025 against four persons including the applicant with the allegation that the applicant and other co-accused persons were forcibly occupying the land of the first informant situate in village Bhitiya, Police Station-Uska Bazar, District Siddharth Nagar and when the first informant his brother namely Shiv Narayan, Sachin Verma and Smt. Bindu Devi, wife of the first informant restrained them the applicant and other persons hurled abuses and brutally beaten them with intention to kill them. Learned counsel for the applicant submits that it is a cross case version. Both sides have sustained injures and it is not clear who was aggressor. No specific role has been assigned to the applicant. He further submits that the real fact is that the applicant has purchased a land from the co-sharer of the first informant and when the applicant started constructions on the purchased part the present incident taken place. 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 informant as well as learned AGA has vehemently opposed the prayer for bail but could not dispute the fact that the applicant has no criminal antecedents. Considering 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, Manoj Giri, 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 :- 11.4.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad