Neutral Citation No. - 2025:AHC:139046 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23673 of 2025 Applicant :- Jeetu Alias Jitendra And 3 Others Opposite Party :- State of U.P. Counsel for Applicant :- Mahendra Prasad Counsel for Opposite Party :- Ashutosh Dwivedi,G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard Mr. Sangam Lal Kesarwani, learned counsel for the applicants and learned Additional Government Advocate representing the State of U.P. However, Mr. Ashutosh Dwivedi, learned counsel appearing on behalf of the complainant is not present. 2-The instant bail application has been preferred by the applicants namely Jeetu @ Jitendra, Vinod, Chandrabhan and Mahesh with a prayer to release them on bail in Case Crime No. 217 of 2025, under Sections 191(2), 115(2), 117(2), 351(2), 352, 109(1) B.N.S., Police Station-Highway, District-Mathura during the pendency of trial. 3-It is argued by learned counsel for the applicants that with regard to an incident dated 14.03.2025, both sides have lodged F.I.R.s. against each other. The applicant no. 1 has lodged an F.I.R. on 15.03.2025 at 14:39 hours, which was registered at Case Crime No. 0216 of 2025 for the offence under Sections 191(2) and 115(2) B.N.S., 2023 against five accused persons Rahul, Sunil, Lavkush, Than Singh and Sonu, in which three persons namely Chandrabhan, Mahesh and Pramod have received injuries, which are grievous in nature. So far as the F.I.R. of this case is concerned, it is pointed out that the complainant-Lavkush has lodged an F.I.R. on 15.03.2025 at 14:25 hours which was registered at Case Crime No. 0217 of 2025 for the offence under Sections 191(2), 115(2), 118(1) and 351(2) B.N.S., 2023 against seven accused persons Jitu, Kailash, Chandrabhan, Mahesh, Vinod, Gaurav and Kalua, in which three persons, namely, Nand Kishore, Pappu and Rahul have received simple injuries and one person namely Than Singh has received grievous injuries. Much emphasis has been given by contending that there is no explanation of injuries sustained to the applicant nos. 3 and 4 as well as Pramod from the side of the applicants. It is further submitted that during investigation, three named accused persons namely Kailash, Gaurav, and Kalua have been exonerated and one Pramod has been added. Lastly it is submitted by learned counsel for the applicants that there is no chance of the applicants of fleeing away from the judicial process or tampering with the prosecution evidence. The applicants have no criminal antecedent to his credit and is languishing in jail since 11.04.2025. In case applicants are released on bail, they will not misuse the liberty of bail and will cooperate in the early disposal of the case. 4-Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicants but does not dispute the above factual aspect of the matter as argued on behalf of the applicants. 5-Having heard learned counsel for the parties and examined the matter in its entirety, I find that it is not in dispute that with regard to incident dated 14.03.2025, both sides have lodged F.I.R.s against each other. The applicants nos. 3 and 4 have also received grievous injuries. From the side of the applicants, three persons have received grievous injuries and from the side of the complainant, three persons have received simple injuries and one person has received grievous injury. At this stage, it cannot be said that who was the aggressor in the said incident. 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, I am of the view that the applicants have made out prima-facie case for bail. Hence, the bail application is hereby allowed. 7-Let the applicants-Jeetu @ Jitendra, Vinod, Chandrabhan and Mahesh 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 which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in 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. 8-In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. Order Date :- 14.8.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad