Neutral Citation No. - 2025:AHC:132649 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21995 of 2025 Applicant :- Balram Opposite Party :- State of U.P. Counsel for Applicant :- Awdhesh Singh Counsel for Opposite Party :- Amitrana,G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Awdhesh Singh, learned counsel for the applicant, Shri Arimardan Yadav, learned AGA for the State, Shri Amitrana, learned counsel for the first informant and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Balram, seeking enlargement on bail in Case Crime No. 31 of 2025, under Sections 103 (1), 109 (1), 3 (5) of the Bharatiya Nyaya Sanhita, 2023, Police Station Kotwali Shahar, District Bijnor. 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 16.1.2025. Learned counsel for the applicant submits that in the FIR, applicant has been assigned the weapon of offence as Rod whereas injured Yashpal has assigned the weapon of offence to the applicant as "Bhalenuma Rod" (spear rod). Thus, FIR version does not corroborate with each other. When a person received injuries from "Bhalenuma Rod" (spear rod), the same would be punctured wound. In the post mortem report, the deceased have received injuries on their person other than punctured wound. The injuries received on the person may occur by Danda blow and cause of death has been opined due to shock and hemorrhage as a result of ante mortem injuries. Only omnibus allegations have been levelled against applicant and co-accused person. 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. Learned AGA has vehemently opposed the prayer for bail. Learned counsel for the first informant has also opposed prayer for bail by submitting that eye witness Suresh and injured Yashpal have assigned the role of causing injury by "Bhalenuma Rod" (spear rod) to the applicant. The other eye witnesses like Chattarpal and Vipin have said in their statement that the applicant and co-accused persons involved in the incident are quarrelsome person and they do not dare to depose against them. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Balram, 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 :- 6.8.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad