Neutral Citation No. - 2025:AHC:124710 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24779 of 2025 Applicant :- Bhoore Singh And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Ansar Ahmad,Sandhya Chaturvedi Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material brought on record. 2. Learned counsel for the applicants submits that F.I.R. was lodged against the present applicants and one other accused alleging therein that on the date of occurrence these accused came at the house of the informant and while hurling abuses started assaulting him with lathi- danda, when the informant made noise his other family members came who have also been assaulted by the accused persons with lathi-danda, on account of which informant and his family members sustained serious injuries. Learned counsel further submits that in the alleged incident three persons sustained simple injuries and two persons sustained grievous injuries in their temporal region in the shape of fracture. All the injuries were caused by hard and blunt object. Learned counsel for the applicant further submits that the injured informant in his statement before the police has stated that all the accused persons assaulted them and the allegation of pushing down one injured from the roof of the house has been assigned to the applicant-Banti @ Vijay Pal. Learned counsel further submits that prior to the alleged incident son of applicant No.1 has also lodged the F.I.R. against two persons of the informant's side and in counter blast the present F.I.R. has been lodged with false and frivolous allegations. Learned counsel further states that both sides sustained injuries in the alleged incident. 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 applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required and are also ready to accept all the conditions which the Court may deem fit to impose upon them. He next submits that the applicants are in jail since 13.06.2025, with no previous criminal antecedents into their credit. 3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage. Though general allegation of assaulting the injured have been made against the two applicants, i.e., Bhoore Singh and Shivendra @ Sailendra but there is specific allegation against the applicant-Banti @ Vijaypal for pushing down the informant from the roof of the house. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds that the accused-applicants-Bhoore Singh and Shivendra @ Sailendra have made out a case for bail. Accordingly, prayer for bail so far as it relates to the accused- applicants-Bhoore Singh and Shivendra @ Sailendra, is allowed. 5. So far as the prayer for bail of the accused-applicant, Banti @ Vijaypal is concerned, since there is specific role against him for pushing down the informant from the roof of the house, therefore, his prayer for bail is rejected. 6. Let the applicants-Bhoore Singh and Shivendra @ Sailendra, be enlarged on bail in Case Crime No. 316 of 2025, under Sections 191(2), 109(1), 115(2), 352, 351(2), 333, 117(2), 118(2) of B.N.S., Police Station- Ajeetmal, District- Auraiya, on executing a personal bond each and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicants shall not tamper with the prosecution evidence. ii) The applicants shall not threaten or harass the prosecution witnesses. iii) The applicants shall appears on the date fixed by the trial court. iv) The applicants shall not commit any offence similar to the offence of which the applicants are accused, or suspected of the commission. v) The applicants 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. 7. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicants in accordance with law. 8. In the above terms the present bail application stands disposed of. Order Date :- 28.7.2025 Mustaqeem./CPSahani Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad