Neutral Citation No. - 2025:AHC:80659 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12037 of 2025 Applicant :- Muqeem And Another Opposite Party :- State of U.P. Counsel for Applicant :- Hina Shafiq,Irfanul Huda,Rizwan Ahmad(Qureshi) Counsel for Opposite Party :- G.A.,Javed Alam,Mohd. Azam Hon'ble Chandra Dhari Singh,J. 1. The instant bail application has been filed under Section 483 of BNSS, seeking regular bail in Case Crime No.509 of 2024, under Sections 191(2), 191(3), 333, 115(2), 118(1), 352, 351(2), 351(3), 117(2), 109 B.N.S., Police Station - Naugawan Sadat, District - Amroha. 2. Learned counsel appearing on behalf of the applicants has submitted that applicants are innocent person and have not committed any offence as alleged in the F.I.R. It is further submitted that applicants have been falsely implicated in the instant case due to ulterior motive. It is submitted that there is cross case between the informant and applicant side and both sides sustained injuries in the instant case. It is further submitted that injured Nayab sustained four injuries, out of which three injuries were simple in nature and one is grievous in nature and another injured Ramzani sustained five injuries, out of which four injuries were simple in nature and one is grievous in nature. The injuries sustained by both the injured persons, are threat to life, but not on the vital part of the body. There are criminal history of two cases against applicant no.1. Out of which, in one case applicant has been acquitted and another case has been explained in paragraph - 13 of the paper book. Applicant no.2 has no previous criminal history. It is further submitted that after completion of investigation, charge sheet has been filed on 11.03.2025 and the court concerned has taken cognizance. Applicants are languishing in jail since 14.02.2025. 3. Taking into consideration the aforesaid facts, it is prayed by learned counsel appearing on behalf of applicants that applicants may be released on bail in the aforesaid crime. It is undertaken by learned counsel for the applicants that applicants shall abide by all terms and conditions as imposed by this Court. 4. Per contra, learned AGA vehemently opposed the bail application of applicants, but he has not contradicted the facts as stated by learned counsel for the applicants during arguments. 5. Learned counsel for complainant has also vehemently opposed the bail application of applicants and submitted that the injuries sustained by the injured persons, are grievous in nature. It is also submitted that applicant no.1 is habitual offender having criminal history of two cases. Taking into consideration the injuries sustained by the injured persons, applicants are not entitled for any leniency by this Court for releasing him on bail. It is further submitted that if the applicants would be released on bail, they will misuse the conditions of bail and also may threat the witnesses and they will not co-operate with the trial. 6. Heard learned counsel appearing on behalf of applicants, Sri Rakesh Kumar Mishra, learned AGA appearing on behalf of the State, learned counsel for complainant and perused the contents made in bail application and material available on record. 7. I have gone through the contents made in the bail application as well as the documents appended with the bail application and perused the affidavit. It is admitted fact that after completion of investigation, charge sheet has been filed and the court concerned has also taken cognizance; applicant no.2 is the man of clean antecedents and has no previous criminal history and applicant no.1 is having criminal history of two cases, which have already been explained as stated above; injuries sustained by the injured persons, which have been opined as grievous in nature, that injuries not on the vital part of the body or threat to life, applicants are languishing in jail for about three months, there is no possibility of completion of trial in near future and there is no material brought by learned AGA to establish that if, applicants would be enlarged on bail they will influence the trial or the witnesses. 8. Taking into consideration all the entirety of the matter as discussed above, without expressing any finding or opinion on merits of the case, the applicant is releasing on bail. Accordingly, the bail application is allowed. 9. Let the applicant - Muqeem and Bholu @ Mohd. Jamal who are involved in aforementioned case crime be released on bail on their furnishing a personal bond of Rs.50,000/- (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 applicants shall not tamper with evidence. (ii) The applicants 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 applicants 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 them in accordance with law. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. . (Chandra Dhari Singh, J.) Order Date :- 15.5.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad