Neutral Citation No. - 2025:AHC:88327 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17635 of 2025 Applicant :- Phoolchandra Opposite Party :- State of U.P. Counsel for Applicant :- Piyush Tripathi,Sabhajeet Singh Counsel for Opposite Party :- G.A.,R.K. Singh. Rajput Hon'ble Sameer Jain,J. 1. Heard Sri Piyush Tripathi, learned counsel for the applicant and Sri Manav Chaurasiya, learned A.G.A. for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.109 of 2024, under Sections 191(2), 191(3), 115(2), 352, 103(1) BNS, Police Station- Paikoliya, District- Basti, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits that on the basis of false allegation, applicant has been roped in the present matter alongwith as many as ten accused. 4. He further submits that during investigation I.O. procured CCTV Footage of the alleged incident, which has been annexed at page 87 of the paper book and from its perusal, it reflects, however, applicant alongwith others were present at spot but there is specific allegation against co-accused Vishwanath that he is causing injuries to the deceased through iron rod and therefore, role of causing injury to the deceased has specifically been attributed to co-accused Vishwanath. 5. He further submits that however, there is also number of eye- witnesses including some injured witnesses but they attributed only general role to all the accused. 6. He further submits that applicant is having no criminal history and he is in jail in the present matter since 03.08.2024 i.e. for last more than nine months. 7. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 8. I have heard both the parties and perused the record of the case. 9. However, applicant is named in the FIR and from the statements of the alleged eye-witnesses including injured witnesses, it reflects, he also participated in the alleged incident but it reflects, they assigned only general role to all the accused, who were total ten in numbers including applicant. 10. Further, from the CCTV Footage of the alleged incident, details of which has been annexed alongwith the instant bail application, it reflects, co-accused Vishwanath was making assault upon the deceased through iron rod and from the CCTV Footage, it could not be reflected that applicant made assault upon the deceased. 11. Further, applicant is having no criminal history and he is in jail in the present matter since 03.08.2024 i.e. for last more than nine months. 12. Therefore, considering the entire facts and circumstances of the case discussed above, in my view, applicant is entitled to be enlarged on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant- Phoolchandra be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 15. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 16. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 22.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad