Neutral Citation No. - 2025:AHC:93131 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15262 of 2025 Applicant :- Saddam Opposite Party :- State of U.P. Counsel for Applicant :- Jay Prakash Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Jay Prakash Yadav, learned counsel for the applicant, Sri Puneet Kumar Singh, 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, Saddam, seeking enlargement on bail in Case Crime No. 409 of 2023, under Sections 147, 148, 149, 307, 336 IPC and Section 7 CLA Act, Police Station Shalimar Garden, District Ghaziabad. 3. 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 24.08.2024. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 4. Learned counsel for the applicant submitted that the incident took place on 06.11.2023 and its FIR was lodged on 07.011.2023 without giving any explanation for delay in lodging the FIR. There was no independent public witness to prove the alleged incident. No incriminating article has been recovered from the possession of the applicant. No specific role has been assigned to the applicant. General allegations has been made against all the accused. The injuries sustained by the injured were superficial and not dangerous to life. It is next submitted that the co-accused Aftab, Almas @ Alfaz and Rohit have already been granted bail by coordinate Bench of this Court by order dated 27.02.2024, 05.03.2024 and 16.04.2024 passed in Crl. Misc. Bail Application Nos. 7752 of 2024, 8851 of 2024 and 11208 of 2024 and the alleged entire prosecution story against the applicant is false, fabricated and baseless and concocted. Hence, bail has been prayed for. 5. Learned AGA 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, Saddam, 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 :- 27.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad