Neutral Citation No. - 2025:AHC:33677 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1675 of 2025 Applicant :- Mohit Urf Baniya Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, Sri R. K. Mishra, learned AGA for the State-Respondent and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 106 of 2024, under Sections 147, 148, 149, 307, 323, 504 of the Indian Penal Code, Police Station Fatehpur Sikri, District Agra. 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 06.12.2024; 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. It is further submitted that on the similar footing the co-accused Deewan Singh has been granted bail by this Court vide order dated 21.10.2024 passed in Criminal Misc. Bail Application No. 34849 of 2024, therefore, applicant is also entitled to be released on bail. Learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. Having heard and gone through materials placed on record, it is apparent that the applicant has been assigned the role of causing injuries by lathi & danda upon the nephews of the informant Satya Prakash, namely, Vijay, Vivek and Vishvendra. The injury caused by fire-arm has been attributed to other co-accused. No criminal history has been assigned to the credit of the applicant, as such the applicant is entitled to be enlarged on bail. Considering all those 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, Mohit Urf Baniya, 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 :- 7.3.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad