Neutral Citation No. - 2025:AHC:74267 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15470 of 2025 Applicant :- Udayveer Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Shukla,Tiwari Ajay Kumar Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Anurag Shukla, learned counsel for the applicant and Sri Ram Mohit Yadav, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 02 of 2025, under Sections 191(2), 191(3), 115(2), 352, 105 of BNS, Police Station - Basrehar, District - Etawah, during the pendency of trial. 4. As per prosecution story, the co-accused person Sameer Yadav @ Munuwa is stated to have hurled abuses at the father of the informant Prem Singh and after being asked him to refrain to do so, the said co-accused Sameer Yadav is stated to have exhorted the other co-accused persons including the applicant and all of them are stated to have assaulted the father of the informant and his other family members, causing injuries to all of them. On account of the said assault, the father of the informant Prem Singh is stated to have succumbed to injuries at the hospital. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The postmortem report indicates that the deceased person had sustained two injuries on his right fronto parietal bone and right occipito parietal bone which are on the right side of the cranium and the said injuries cannot be assigned to any accused persons. 6. Learned counsel has also stated that there are general allegations against all the accused persons. The main accused person Sameer Yadav @ Munuwa, who carried the motive for the said offence and had called the applicant and other co-accused persons has been exonerated by the police and the closure report has been filed, as such, the prosecution story stands falsified. There is no injury sustained by any other persons falsifying the prosecution story as well. 7. Learned counsel has further stated that there is a cross-version to the instant case as an application u/s 173(4) BNSS was instituted by the wife of the applicant on 31.01.2025 before the court of Special Judge, SC/ST Act, Etawah. It is argued that there being a cross-version, as such, at this point of time it cannot be ascertained as to which party was the aggressor one. The applicant along with two other persons have also sustained injuries in the said scuffle. There is no criminal history of the applicant. The applicant is languishing in jail since 11.01.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and there being general allegations against all the accused persons coupled by the fact that there is a cross-version to the instant case and three persons have also sustained injuries from the side of the applicant, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Udayveer, who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date:- 7.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad