Neutral Citation No. - 2025:AHC:138503 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18702 of 2024 Applicant :- Ramkumar Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Kulveer Singh,Rama Shanker,Ray Sahab Yadav,U.C. Chaturvedi Counsel for Opposite Party :- G.A.,Manoj Kumar Singh Hon'ble Sanjay Kumar Singh,J. 1. Heard Mr. S.K. Yadav, learned counsel for the applicant, learned Additional Government Advocate representing the State and learned counsel appearing on behalf of complainant. 2. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 53 of 2024, under Sections 323, 307, 120-B of I.P.C., Police Station Gagalheri, District Saharanpur, during the pendency of trial. 3. It is argued by learned counsel for the applicant that with regard to an alleged incident dated 28.03.2024, a first information report was lodged on 29.03.2024 under Sections 323, 307, 120B I.P.C. against Rajkumar (applicant), Trishla Devi and Kuldeep. The applicant has been falsely implicated in this case. It is the case of the prosecution that injured Om Kumar (father of the complainant) crushed by the applicant with a tractor, whereas the incident has not taken place in the manner as alleged by the complainant. Referring the injury report of the injured-Om Kumar, it is pointed out that he has received fifteen injuries and all the injuries are simple in nature except injury No. 11, which is found on non vital part of the body (left middle finger). So far as other co-accused, namely Trishla Devi and Kuldeep are concerned, it is submitted that they are not appearing before the trial court, therefore, even after submission of charge-sheet, the case could not be committed to the Court of Sessions, whereas the applicant is languishing in jail since 30.03.2024. It is also pointed out that apart from this case the applicant has criminal history of two cases, which have been disclosed and explained in paragraph No. 28 of the affidavit filed in support of the bail application. Lastly, it is submitted by learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case. 4. Per contra, learned Additional Government Advocate for the State and learned counsel for the informant opposed the prayer for bail of the applicant but could not dispute the above factual aspect of the matter as argued on behalf of the applicant. 5. Having heard learned counsel for the parties and examined the matter in its entirety, I find that it is not in dispute that the applicant is languishing in jail since 03.03.2024, but till date no prosecution witness has been testified and no effective proceedings are going on before the trial court. 6. Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties as well as detention period of the applicant in the light of judgment of the Hon'ble Apex Court in the case of Union of India Vs. K.A. Najeeb, (2021) 3 SCC 713, this Court is of the view that prima facie, the applicant has made out a case for bail. 7. Hence, the bail application is hereby allowed. 8. Let the applicant-Ramkumar Yadav, be released on bail in the aforesaid case crime number 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) That the applicant shall cooperate with the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail. 9. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. 10. It is made clear that the observations contained in the instant order are confined to the issue of bail only and shall not affect the merit of the trial. Order Date :- 13.8.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad