Neutral Citation No. - 2025:AHC:132888 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13440 of 2025 Applicant :- Anil Opposite Party :- State of U.P. Counsel for Applicant :- A.Z.Khan Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Rejoinder affidavit filed today, which is taken on record. 2. Heard Shri A.Z. Khan, learned counsel for the applicant, Sri Rajesh Kumar Singh, learned AGA for the State-respondents and perused the record. 3. This bail application under Section 483 BNS has been moved on behalf of accused-applicant, Anil, seeking enlargement on bail in Case Crime No. 274 of 2023, under Sections 323, 504, 506, 307, 302 IPC, Police Station Deoband, District Saharanpur. 4. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 17.05.2023. He has criminal antecedent of one case, which has been explained in para 3 of the 2nd supplementary affidavit filed on 20.05.2025 and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that the allegation made in the FIR is that on 11.05.2023 when the informant along with his brother and father were doing cultivation work in the agriculture field, the applicant and three co-accused persons having lathi, danda, sharp edge weapon and spade in their hands reached there and started using filthy language with them and attacked upon them, in which they have received several injuries. All the injured persons were taken to the government hospital where the injured were examined. As per the injury report of the injured persons, all the injuries are lacerated wound, red abrasion, traumatic swelling which are caused by hard and blunt object. General role has been assigned to all the accused persons including the applicant for causing injuries by lathi, danda and sharp edge weapon. The medical report of the injured Manish @ Munesh, Manoj and Rishipal have not supported the prosecution case. It is submitted that the injured Rishipal died on 11.05.2023 and postmortem was conducted on 12.05.2023. As per the postmortem examination report, 12 antemortem injuries were found on the person of deceased and cause of death is due to shock and hemorrhage as a result of antemortem injuries. It is submitted that it is a case of sudden provocation and offence would not travel beyond Section 304 Part-II IPC in the present case. No offence under the aforesaid sections is made out against the applicant. One benta/danda of Fawda (spade) was recovered from the pointing out of the applicant and fawda (spade) was recovered from the pointing out of the co-accused Satish. It is further submitted that Hon'ble Apex Court held that lathi and danda is not a deadly weapon. Charge sheet has been submitted by investigating officer on 06.07.2023. There is no motive for the applicant to commit the alleged incident. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed the prayer but could not dispute the aforesaid facts. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Anil, 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 :- 5.8.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad