Neutral Citation No. - 2025:AHC:110976 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21295 of 2025 Applicant :- Ikrar Opposite Party :- State of U.P. Counsel for Applicant :- Dr. Arun Srivastav,Rakesh Pati Tiwari Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Dr. Arun Srivastava, learned counsel for the applicant and Sri Yagyavalka pandey, learned AGA for the State. The instant bail application has been filed seeking release of the applicant-Ikrar, on bail in Case Crime No. 106 of 2025, under Sections 115 (2), 352, 351 (2), 103 (1) B.N.S., Police Station Bithari Chainpur, District-Bareilly, during pendency of the trial. 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 02.04.2025. First Information report has been lodged on 25.02.2025 with the allegation that the applicant and three other named persons have severely beaten the first informant with kick fist and Danda and when the father of the first informant namely Imam Khan, brothers of the first informant namely Ikrar Khan, Ikhtiyar Khan and uncle of the complainant namely Sartaj Khan, tried to save him they severely beaten them also by Lathi Danda. In the present occurrence five persons, including the first informant, sustained injuries and Imam Khan was died during the course treatment. In the post mortem report the cause of death was mentioned as Cranial-Cerebral damage as a result of Ante Mortem Head Injury. Learned counsel for the applicant submits that the real fact is that it is a cross case version and both sides have sustained injuries. From the side of the applicant, the applicant and his brother sustained injuries. First Information Report was also lodged by the present applicant on the same day which was registered as Case crime No. 107 of 2025, under Sections 115 (2), 352, 351 (2), B.N.S. Police Station-Bithari, Chainpur, District-Bareilly. Learned counsel for the applicant further submits that general role has been assigned to all the accused persons. The deceased was died due to Ante Mortem Head Injury, but it is not clear who is author of the said injury. No specific role has been assigned to the applicant. 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, bail has been prayed for. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 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, Ikrar, 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 :- 11.7.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad