Neutral Citation No. - 2025:AHC:87133 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17606 of 2025 Applicant :- Nischay Asthana Alias Nikki Asthana Opposite Party :- State of U.P. Counsel for Applicant :- Praveen Kumar Srivastava,Vindeshwari Prasad 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.0066 of 2025, under Sections 115(2), 352, 351(3), 191(2), 324(5), 109, 3(5) of B.N.S., Police Station - Sen Paschimpara, District - Kanpur Nagar. 2. Learned counsel appearing on behalf of the applicant has submitted that the F.I.R. was lodged against four accused persons including the applicant. 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 all the accused persons, either named or not named in the F.I.R., were assigned the general role of causing the injuries to the injured persons. As per injury report, which is annexed at Annexure nos.3 and 4 of the supplementary affidavit, it is submitted that out of four injuries sustained by the injured, two are simple in nature and two are the grievous in nature, but not threat to life. It is also submitted that co-accused, Sunil Yadav whose name was disclosed in the statement of injured, has already been enlarged on bail vide order dated 16.04.2025 by learned Sessions Judge, Kanpur Nagar. There are no recovery from possession or pointing out of the applicant. It is also submitted that applicant is the man of clean antecedents and he has no previous criminal history. Applicant is languishing in jail since 09.04.2025. 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. 5. Heard Sri Vindeshwari Prasad, learned counsel appearing on behalf of applicant, Sri S.K. Ojha, 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 applicant is the man of clean antecedents and there is no previous criminal history against him; all the accused persons have been assigned the general role of causing injuries to the injured persons; no specific role has been assigned to the applicant; as per injury report, injury nos.1 and 2 are grievous in nature, but not threat to life; other co-accused persons who have been enlarged on bail, were also assigned the similar role as assigned to the applicant; there are no recovery of any weapon from possession or pointing out by the applicant; applicant is languishing in jail since 09.04.2025; 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 - Nischay Asthana Alias Nikki Asthana, 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 :- 22.5.2025/Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad