Neutral Citation No. - 2025:AHC:41373 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1031 of 2025 Applicant :- Sumit Divakar Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Dubey Counsel for Opposite Party :- G.A.,Pavan Kumar Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Anurag Dubey, learned counsel for the applicant, Shri Pavan Kumar, learned counsel for the informant, Shri Shashank Singh, learned Brief Holder for the State-opposite party 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. 399 of 2024, under Sections 76, 109(1), 115(2), 351(2), 352 of the Bharatiya Nyaya Sanhita, 2023, Police Station Rasoolpur, District Firozabad. 3. 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 30.11.2024. He has criminal history of three cases, which is explained in para no. 25 of the bail application, in one of them applicant is on bail and he has not been charge-sheeted in rest of them. There is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 4. Learned counsel for the applicant submits that no offence as alleged in the FIR has been made out against the applicant. The F.I.R. dated 14.11.2024 has been lodged against two named accused persons including the applicant by the informant on povocation of members of the locality. Injuries received to the injured are simple in nature. Charge-sheet has been submitted in this case on 01.12.2024. Hence, bail has been prayed for. 5. Learned counsel for the informant as well as learned AGA has vehemently opposed, but could not dispute the aforesaid facts. 6. Considering all those 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Sumit Divakar, 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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. 9. 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 :- 20.3.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad