Neutral Citation No. - 2025:AHC:61747 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13313 of 2025 Applicant :- Kapil Alias Kammu Opposite Party :- State of U.P. Counsel for Applicant :- Syed Ali Imam Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Shri Ashish Pandey and Shri Nikhil Pathak, Advocates, have filed a joint vakaltnama on behalf of informant, which is taken on record. 2. Heard Shri Syed Ali Imam, learned counsel for the applicant, Shri Sandeep Srivastava, learned A.G.A. for the State as well as Shri Ashish Pandey, learned counsel for the informant and perused the material brought on record. 3. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. Learned counsel for the applicant further submits that the F.I.R. was lodged against three accused including the applicant with the allegation that all the accused assaulted the uncle of the informant by iron rod and Danda. Learned counsel further submits that the injured in his statement has also made general allegation of assaulting by iron rod and Danda and no specific role has been assigned by him to anyone of the accused including the applicant. Learned counsel further submits all the injuries sustained by the injured are simple in nature. Learned counsel further submits that in the F.I.R. as well as in the statement of injured general allegation has been made against the applicant and no specific allegation has been made against him, therefore, he may be enlarged on bail. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that the applicant is in jail since 27.01.2025, with no criminal history. 4. Though, the learned A.GA. for the State as well as learned counsel for the informant have opposed the prayer for bail but they have not disputed that general allegation has been made against the applicant and no specific allegation has been made against him. 5. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 6. Let the applicant-Kapil Alias Kammu, be enlarged on bail in Case Crime No. 15 of 2025, under Sections 115(2), 351(3), 352, 109 of B.N.S., Police Station- Jewar, District- Gautam Buddh Nagar, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 7. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. Order Date :- 23.4.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad