Neutral Citation No. - 2025:AHC:81549 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13742 of 2025 Applicant :- Mohit Opposite Party :- State of U.P. Counsel for Applicant :- Fakharul Islam Jafri,Sadrul Islam Jafri,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. This is the second bail application filed by the applicant. The First Criminal Misc. Bail Application No. 25369 of 2024 was rejected by Hon'ble Mayank Kumar Jain, J vide order dated 24.07.2024. 2. Heard Sri Nazrul Islam Jafri, learned Senior Counsel assisted by Sri Fakhrul Islam Jafri, learned counsel for the applicant, learned A.G.A for the State and perused the record. 3. According to the F.I.R. version in brief is that on 12.05.2024 at about 01:00- 01:15 hours as soon as the informant after attending last rites from Amhauda Road, Gali no.1, a person armed with iron rod assaulted upon his cousin Pratap Singh upon his face and head, due to which he fallen down from his Scooty. Again that person assaulted upon him, the entire incident is captured in the C.C.T.V. footage. He would recognise the assailant, in case, he came in front of him. 4. Learned counsel for the applicant submits that F.I.R. has been lodged against unknown person. Learned counsel further argued that the applicant has been falsely implicated and his named surfaced on perusing the C.C.T.V. footage. He further submits that applicant is the first cousin (Bua's son) of the injured and it cannot be believed by a man of ordinary prudence that the informant would not recognize his cousin when he had assaulted upon him. Learned counsel further argued that by the efflux of time, the trial began and the statement of P.W.1 was recorded, who has stated that when the police came to his house on 24.05.2024 and shown the C.C.T.V.footage, then he named the applicant and did not know that as to why he had assaulted upon but he has nowhere stated that he named the applicant as an accused at the time of lodging of the F.I.R. Learned counsel further argued that there is contradiction in the statement of the informant recorded during the course of investigation as compared to the statement of the P.W.1 recorded before the trial Court. Learned counsel further argued that material witness has already been examined and therefore there is no chance of tampering the evidence. It is thus contended that the applicant has been falsely implicated in the present case due to ulterior motive. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. Learned counsel further argued that the incarceration of the applicant is almost going to be one year, therefore considering the detention period also, the applicant may be enlarged on bail. He next submits that applicant is languishing in jail since 03.06.2024. 5. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant. 6. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail. 7. Let the applicant Mohit be released on bail in Case Crime No.131 of 2024 under Section 307 I.P.C., Police Station Ganga Nagar, District Meerut on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 8. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. 9. The bail application is allowed. Order Date :- 16.5.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad