Neutral Citation No. - 2025:AHC:89178 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13122 of 2025 Applicant :- Mahmood Ali Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Waseem Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Mohammad Waseem, learned counsel for the applicant, Sri Vijendra Kumar, learned AGA for the State- respondents and perused the record. 2. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Mahmood Ali, seeking enlargement on bail in Case Crime No. 218 of 2024, under Sections 191 (2), 191 (3), 190, 132, 125 (1), 221, 224, 331 (5), 324, 109, 3 (5), 61 (2) BNS & Section 7 Criminal Law Amendment Act, Police Station Shahi, District Bareilly. 3. The allegation made in the FIR is that on 20.07.2024, the people of Muslim community gathered and held a meeting regarding the prohibition of playing drums in front of temple in the Tazia procession taking place on 17.07.2024 in village Gausganj. During the meeting they prepared their sticks, rods and iron rods for the fight in a planned manner and due to which serious injuries were caused. Due to this violence, the flow of normal life came to a halt and common men did not come out due to fear and public order was disrupted. It is submitted that despite arrival of police force, the people of Muslim community became more agitated and started pelting stones on the policemen and became adamant and despite being requested by the police, they did not stop and due to which there is an atmosphere of fear among the Hindu people. 4. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case and nothing has happened as alleged in the FIR. The real facts of the case is that some persons has committed incident and run away but, those who are not involved in the present occurrence, they were stayed in their house and they have not committed any crime, but the police illegally arrested them including the applicant and implicated in the present case. Applicant has no motive to commit the alleged offence. It is further submitted that at the time of incident, applicant was out of station and the informant with malafide intention has nominated the applicant in the present case and is languishing in jail since 30.11.2024. He has no criminal antecedent. There is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed the prayer for bail 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, Mahmood Ali, 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: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. 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 :- 26.5.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad