Neutral Citation No. - 2025:AHC:78323 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13120 of 2025 Applicant :- Dharmendra Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar Verma,Mahesh Sharma Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant application has been filed under Section 483 of the BNSS, 2023 for seeking bail in Case Crime No. 484 of 2024, under sections 191(2), 333, 109, 115(2), 352, 351(2), 76, 131, 191(3) BNS, Police Station - Jahangirabad, District – Bulandshahar during pendency of the trial. 2. Learned counsel appearing on behalf of the applicant submitted that the applicant is innocent and has not committed offence as alleged in the FIR. He has been falsely implicated in this case. According to the FIR, injured Abhishek received injury by 'gadasa' inflicted by the applicant. As per injury report, there are no injuries sustained to Abhishek by 'gadasa'. The injury report is appended as Annexure-3 to the paper book. According to injury report, the injured has not received injuries by sharp edged weapon. The injury report of Abhishek is quoted below: "(i) Lacerated wound of size 5 cm x 7 cm present on the Lt. side back of the head 11 above and behind Lt. ear. Scalp dup. Adv. S-Ray head AF, Lat, CT Head. (ii) Contusion swelling of size 4 cm x 2 cm. present on Lt side 10/3 foot dorsal as front 5 cm. anterior to medial medleolum. Reddish in coloured. Adv. X-Ray of Lt. foot AP, Lat. Nature: Injury No. 1 to 2 advised X-Ray, expert opinion refer to DH BSR, for further management and examination. Duration : Fresh. Caused by : Hard and blunt object." 3. It is further submitted that other co-accused persons namely Pawan, Rajkumar and Kishan have already been granted bail by the co-ordinate Bench of this Court. Copies of the bail orders are appended as Annexure-12 to the paper book. 4. Learned counsel appearing on behalf of the applicant submitted that the applicant is languishing in jail since 23.11.2024. He a man of clean antecedents and has no previous criminal history. After completion of investigation, charge sheet has been filed on 25.1.2025. 5. It is also submitted that in view of the facts and circumstances of the case, it is prayed on behalf of the applicant that the applicant may be released on bail in the aforesaid crime. It is further undertaken that applicant shall abide by all terms and conditions as imposed by the Court. 6. Per contra, learned counsel appearing on behalf of the State in advance notice has vehemently opposed the instant bail application but has not contradicted the aforesaid facts as stated by the learned counsel for the applicant. 7. Heard learned counsel for the applicant, learned AGA for the State and perused the material available on record. 8. I have gone through the contents made in the application as well as the documents appended with the application and perused the material available on record. It is admitted fact that the applicant is languishing in jail since 23.11.2024 i.e. more than 5 months, charge sheet has been filed, the applicant has no previous criminal history as well as the other co-accused persons have already been enlarged on bail by the co-ordinate Bench of this Court and further there is no chance of early conclusion of the trial. 9.Taking into consideration of the aforesaid reasons, without expressing any finding or opinion on merit of the case, I am inclined to grant bail to the applicant. The bail application is allowed. 10. Let the applicant - Dharmendra, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- (Rs. 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 applicant shall not tamper with the evidence. (ii) The applicant 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 BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate of 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 him in accordance with law. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 13.5.2025 S.K.S. (Chandra Dhari Singh,J.) Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad