Neutral Citation No. - 2025:AHC:113639 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18137 of 2025 Applicant :- Mohammad Shahbaz Opposite Party :- State of U.P. Counsel for Applicant :- M J Akhtar,Shahzad Alam Counsel for Opposite Party :- G.A.,Sayeed Saif Ullah,Sufia Saba Hon'ble Ashutosh Srivastava,J. Heard Sri V. M. Zaidi, learned Senior Counsel assisted by Sri M. J. Akhtar along with Sri Shahzad Alam, learned counsel for the applicant, Sri Anil Kumar Singh, learned AGA for the State- Respondent, Ms. Sufia Saba, learned counsel for the first informant and perused the record. The present bail application has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 90 of 2025, under Sections 190, 191(2), 191(3), 109(1), 115(2), 351(3), 103(1) of the Bharatiya Nyaya Sanhita, 2023, Police Station Bhopa, District Muzaffar Nagar. Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant further submits that the FIR has been registered with some delay of which no satisfactory explanation has been given. Learned counsel for the applicant submits that according to the versions of FIR, on 18.03.2025 the son of the informant Fareed alias Chand along with his cousin Ahmad had gone to offer the prayer in the Mosque. When they were coming from the Mosque, the accused persons named in the FIR, who were sitting outside the gate of the Mosque and were armed with lathi, danda, tabal, balkati, attacked and assaulted Fareed alias Chand and Ahmad and consequence thereof they received serious injury. Learned counsel for the applicant further submits that a cross version of complaint of the said incident was also given from the side of the applicant by one Smt. Rani, who also wanted to get register the FIR against the first informant and other accused persons but on account of the pressure and collusion with the informant, the Police did not register the FIR. In the aforesaid incident, persons of both the sides received injury. Learned counsel for the applicant submits that there is no independent witness of the alleged incident. He submits that no specific role and motive has been assigned to the applicant in the present case. The allegation levelled in the FIR is general in nature and no accused has been attributed any specific role. The applicant is languishing in jail since 04.04.2025. The applicant 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. Hence, the bail has been prayed for. Learned AGA as well as learned counsel for the first informant has vehemently opposed the prayer of bail, but could not dispute the above submissions raised by learned counsel for the applicant. Learned counsel for the first informant has invited the attention of this Court on the statement of one of the eye witness namely Anwar, who in his statement has stated that the accused persons were armed with lathi, danda, tabal and balkati and consequence thereof they received fatal injuries. Considering all those 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. Accordingly, the bail application is allowed. Let the accused-applicant, Mohammad Shahbaz, 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: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. 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. 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 :- 4.7.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad