Neutral Citation No. - 2025:AHC:137931 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25971 of 2025 Applicant :- Anil Alias Bholu Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Bhardwaj Counsel for Opposite Party :- Ajay Dubey,G.A.,Vijay Tripathi Hon'ble Dr. Gautam Chowdhary,J. 1. Heard SRi A.B.L. Gour, learned Senior Advocate assisted by Sri Pradeep Kumar Bhardwaj, learned counsel for the applicant, Sri Ajay Dubye, learned counsel for the informant, learned A.G.A for the State and perused the record. 2. Learned counsel for the applicant submits that it is a cross case in which both the sides have sustained injuries but the F.I.R. from the side of the applicant could not be lodged. To demonstrate that it is a cross case, learned counsel has drawn attention of this Court to the injury report of one of the accused/injured Shivam Sharma and argued that the injured was medically examined at CHC Fatehabad, Agra who was taken to the CHC by HG 2630 Sheetal Prasad at about 04:00 P.M. He further argued though accused Shivam is not named in the F.I.R. but his name surfaced in the statement of the injured assigning him general role. Learned counsel further argued that the informant has lodged the F.I.R. on 18.03.2025 at about 15:31 P.M. whereas the incident is alleged to have taken place on 17.03.2025 showing the incident alleged to have occurred at 17:00 hours when in fact the incident occurred at about 3:30 P.M. and there is no whisper about that altercation/incident, which took place between the parties butthe informant has simply developed a new story stating that the accused entered into the house of the informant and had committed maarpeet with the informant's father. Learned counsel has also drawn attention of this Court to the statement of injured Jhunni Lal, who has specifically stated that the applicant has assaulted upon on his head with batton, whereas the accused Ganga has assaulted on his head with iron rod. Learned counsel further argued that though the injuries sustained by the injured is grievous in nature but it is not known as to whose assault the injured sustained grievous injury. It is thus contended that the applicant has been falsely implicated in the present case with ulterior motive and therefore the applicant is entitled for bail. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 07.05.2025. 3. Per contra, learned A.G.A. as well as learned counsel for the informant have opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 4. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail. 5. Let applicant Anil @ Bholu involved in Case Crime No.16 of 2025 under Sections 118 (2), 191(2), 191(3), 333, 351(3), 352, 109(1) of B.N.S., Police Station Nibohra, District Agra, be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. 7. The bail application is allowed. Order Date :- 13.8.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad