Neutral Citation No. - 2025:AHC:124172 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19001 of 2025 Applicant :- Kaluram Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Kumar Counsel for Opposite Party :- G.A.,Sushil Kumar Pandey Hon'ble Ashutosh Srivastava,J. 1. Counter affidavit filed in the Court today is taken on record. 2. Learned counsel for the applicant does not wish to file rejoinder affidavit to the counter affidavit filed today. 3. Heard Shri Akhilesh Kumar, learned counsel for the applicant, Shri Sushil Kumar Pandey, learned counsel for the first informant and Shri Rajesh Kumar Singh, learned AGA for the State- respondents and perused the record. 4. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Kaluram, seeking enlargement on bail in Case Crime No. 495 of 2024, under Sections 103(1), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023, Police Station- Nai Mandi, District- Muzaffarnagar. 5. There is allegation in the First Information Report that due to an old enmity regarding land partition between the parties, on 20.10.2024, the applicant along with one co-accused Sanjay, has assaulted the husband (now deceased) of the informant with an iron rod and fawada, respectively. 6. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 22.10.2024. Learned counsel for the applicant submits that the statements of the informant recorded under Sections 180 and 183 B.N.S.S. are contradictory in itself as in 180 B.N.S.S. statement, the applicant has been assigned the role of assault with iron rod and in 183 B.N.S.S., he has been assigned the role of assault with fawada. The statements of the eye-witnesses are also contradictory. Recovery of danda has been shown from pointing of the applicant which is totally false and planted. He 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, bail has been prayed for. 7. Learned AGA has vehemently opposed the prayer for bail. 8. Considering all above 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. 9. Accordingly, the bail application is allowed. 10. Let the accused-applicant, Kaluram, 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. 11. 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 :- 28.7.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad