Neutral Citation No. - 2025:AHC:84209 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15404 of 2025 Applicant :- Om Ji Tiwari Opposite Party :- State of U.P. Counsel for Applicant :- Hare Krishan Pandey,Suresh Chandra Pandey Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant bail application under Section 483 of B.N.S.S. has been filed on behalf of applicant for bail in Case Crime No.116 of 2025, under Sections 115(2), 352, 351(3), 191(2), 191(3), 331(6) of B.N.S., Police Station - Maudaha, District - Hamirpur. 2. Learned counsel appearing on behalf of the applicant has submitted that applicant is innocent person and has not committed any offence as alleged in the F.I.R. It is further submitted that applicant has been falsely implicated in the instant case due to ulterior motive. It is further submitted that the incident has taken place on sudden provocation. There are no specific role assigned to the applicant. The injuries sustained by three injured persons. As per injury report annexed at Annexure No.3, the injuries sustained by the injured, are simple in nature. It is also submitted that criminal history of one case has been explained in paragraph - 13 of the paper book. Applicant is languishing in jail since 01.04.2025. 3. Taking into consideration the aforesaid facts, it is prayed by learned counsel appearing on behalf of applicant that applicant may be released on bail in the aforesaid crime. It is undertaken by learned counsel for the applicant that applicant shall abide by all terms and conditions as imposed by this Court. 4. Per contra, learned AGA vehemently opposed the bail application of applicant, but he has not contradicted the facts as stated by learned counsel for the applicant during arguments. It is submitted that investigation is still going on and charge sheet has yet to be filed, therefore, bail may not be granted till the submission of charge sheet. 5. Heard Sri Saurabh Pandey, Advocate (UP04787/2020) (A/S 0391/2021) holding brief of Sri H.K. Pandey, learned counsel appearing on behalf of applicant, Sri Rakesh Kumar Mishra, learned AGA appearing on behalf of the State, perused the contents made in bail application and material available on record. 6. I have gone through the contents made in the bail application as well as the documents appended with the bail application and perused the affidavit. It is admitted fact that as per injury report, all the injuries sustained by the injured, are simple in nature; criminal history of one case has already been explained; applicant is languishing in jail since 01.04.2025; there are no evidence on record to connect the present applicant with the instant offence at this stage; there is no possibility of completion of trial in near future and there is no material brought by learned AGA to establish that if applicant would be enlarged on bail he will influence the trial or the witnesses. 7. Taking into consideration all the entirety of the matter as discussed above, without expressing any finding or opinion on merits of the case, the applicant is releasing on bail. Accordingly, the bail application is allowed. 8. Let the applicant - Om Ji Tiwari, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- (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 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 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. . (Chandra Dhari Singh, J.) Order Date :- 20.5.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad