Neutral Citation No. - 2025:AHC:138753 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27929 of 2025 Applicant :- Faizan Opposite Party :- State of U.P. Counsel for Applicant :- Afzal Ahmad Khan Durrani,Rohit Sharma 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. 133 of 2025, under Sections 115(2), 352, 351(2), 117(2) and Section 117(3) B.N.S., 2023, Police Station-Kotwali, District- Ghaziabad, during the pendency of trial. As per prosecution case, in brief, the complainant got a first information report lodged on 07.04.2025 with regard to an alleged incident dated 18.01.2025 for the alleged offence under Sections 115(2), 352, 351(2), 117(2) B.N.S., 2023 against three accused persons, namely, Faizan (applicant), Rizwan and Imran stating inter alia that on 18.01.2025 they forcibly lifted him from the road near his house, pushed him in a car and took him to a lonely place where they beaten him with sticks due to which he sustained injury on his right eye. Anyhow he managed to escape. Main substratum of argument of learned counsel for the applicant is that all the three accused persons are real brothers and they are neighbours of the complainant. On account of ill will they have been falsely implicated in this case. Much emphasis has been given by contending that complainant/injured received injury because he had fallen from stairs in drunken state. In support of his submission, he has further submitted that the arrest of the accused Rizwan has been stayed by the Division Bench of this Court vide order dated 12.08.2025 in Criminal Misc. Writ Petition No. 17415 of 2025 considering the fact that in the report of Dr. Ram Manohar Lohiya Hospital, New Delhi, it has been mentioned that patient had fallen from stairs and was in alcoholic intoxication at the time of suffering injury. The instant F.I.R. has been lodged after a delay of two months and 20 days with ulterior motive, whereas the incident has not been taken place in the manner as alleged by the complainant. The applicant has no criminal antecedent. 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 26.05.2025 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 observation made by the Division Bench of this Court vide order dated 12.08.2025 as noted above, has not been disputed by the State counsel. Hence, prima facie the applicant has made out a case for bail. Accordingly, the bail application is hereby allowed. Let the applicant-Faizan, 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 :- 14.8.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad