Neutral Citation No. - 2025:AHC:24346 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1392 of 2025 Applicant :- Chhote Alias Chhote Lal Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Bahadur Shivhare Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard Sri Sandeep Mishra, Advocate holding brief of Sri Vijay Bahadur Shivhare, counsel for the applicant; Ms. Kalpana Singh, counsel for the informant and Sri V.P. Tripathi, learned A.G.A. for the State. Perused the record. 2. The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Sessions Case No. 2364 of 2023, under Sections 323, 392, 506 I.P.C., Police Station- Biwar, District- Hamirpur, during pendency of the trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. Earlier the complainant lodged a first information report against the son of the applicant (co-accused Umesh) registered as Case Crime No. 0064 of 2023, under Section 366 I.P.C., P.S. Biwar, District Hamirpur. In order to cause further embarrassment, the instant prosecution has been instituted against the applicant and his whole family. In the alleged incident no injury has been sustained by any person. No injury report has been annexed with the complaint. The applicant does not have any criminal history. The applicant is in jail since 11.12.2024. In case he is enlarged on bail, he will not misuse the said liberty. 4. Learned A.G.A. and counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record, this Court prima facie finds that earlier the complainant lodged a first information report against the son of the applicant (co-accused Umesh). In the alleged incident no injury has been sustained by any person. No injury report has been annexed with the complaint. The applicant has no criminal antecedents. Further the applicant has presently remained confined for more than two months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant, Chhote Alias Chhote Lal involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not tamper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 19.2.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad