Neutral Citation No. - 2025:AHC:130365 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25693 of 2025 Applicant :- Amar Opposite Party :- State of U.P. Counsel for Applicant :- Perdeep Kumar Vishnoi Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant and learned Additional Government Advocate representing the State. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 40 of 2025, under Sections 191(2), 126(2), 115(2) and 118(2) of B.N.S., 2023, Police Station-Babari, District-Shamli, during the pendency of trial. It is argued by learned counsel for the applicant that as per prosecution case, the complainant got a first information report lodged on 06.05.2025 for the alleged offence under Sections 191(2), 126(2), 115(2) and 118(2) of B.N.S., 2023 and Sectin 3(2)(v) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act against Ankur Kashyap, Ankit, Ankur, Amar (applicant) and unknown person making general allegation of assault to him against all the accused persons by kicks and fists. Thereafter, his statement under Section 180 B.N.S.S. was recorded, in which he has improved the prosecution case stating inter alia that the accused persons assaulted him with bracelets wearing in their hands and iron rod, whereas as as per medical examination report, injured has received only one injury in the nature of incised wound. Though the injury is grievous in nature, but it has not been specified that out of five accused persons, who has caused the said injury. Apart from this case the applicant has criminal history of another case being Case Crime No. 67 of 2019, under Section 60 of the Excise Act, Police Station-Babari, District-Shamli, in which he is on bail. Lastly, it is submitted by learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 09.05.2025 having no criminal history to his credit and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case. Per contra, learned Additional Government Advocate for the State opposed the prayer for bail of the applicant but could not dispute the above factual aspect of the matter as argued on behalf of the applicant. Having heard learned counsel for the parties and examined the matter in its entirety, I find that five persons have been assigned the role of assault to the injured, whereas the injured has received only one injury as noted above. The author of said injury is also not known, hence the applicant has made out a prima facie case for bail. Accordingly, the bail application is hereby allowed. Let the applicant-Amar, 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: (i) That the applicant shall cooperate with 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. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. It is made clear that the observations contained in the instant order are confined to the issue of bail only and shall not affect the merit of the trial. Order Date :- 4.8.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad