Neutral Citation No. - 2025:AHC:110696 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12999 of 2025 Applicant :- Bhanu Urf Bhavesh Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Kumar Sharma Counsel for Opposite Party :- G.A.,Pankaj Sharma,Piyush Mishra Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Rahul Kumar Sharma, learned counsel for the applicant, Sri Pankaj Sharma, learned counsel for the informant, Sri Raj Bahadur Verma, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 375 of 2024, under Section 115(2), 352, 351(2), 351(3), 109, 110 B.N.S., Police Station- Kotwali Hathras, District- Hathras, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that the allegation is that in a sudden brawl on exhortation of co- accused, the present applicant hit the injured Anshu with a danda. It is further submitted that as per the statement of the doctor, though injury is serious but that is not open injury. It is further submitted that the injury report shows that applicant has not repeatedly hit the injured on his head and in the spur of moment in a sudden brawl, the applicant had hit the injured which at the most would fall under Section 110 B.N.S. which is punishable upto 7 years. It is also submitted that applicant is a 19 years old young boy having no criminal antecedents to his credit. It is also submitted that the charge- sheet has already been filed. Therefore, there is no requirement of custodial interrogation. The applicant is languishing in jail since 15.02.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Per contra, learned counsel for the informant and learned A.G.A. have vehemently opposed the prayer for bail but could not dispute the aforesaid fact. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Bhanu Urf Bhavesh involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- i. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 9.7.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad