Neutral Citation No. - 2025:AHC:81729 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29967 of 2024 Applicant :- Ramvaran Opposite Party :- State of U.P. Counsel for Applicant :- Azhar Hussain,Hemendra Pratap Singh,Viveka Nand Rai Counsel for Opposite Party :- G.A.,Ram Bahadur Singh,Ramesh Kumar Hon'ble Ram Manohar Narayan Mishra,J. Counter affidavit filed by the informant and rejoinder affidavit filed by applicant are taken on record. Heard Shri Hemendra Pratap Singh, learned counsel for the applicant, Sri Ram Bahadur Singh, learned counsel for the informant and learned AGA for the State-respondent and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Ramvaran, seeking enlargement on bail in Case Crime No.51 of 2024, under Sections 109, 115, 351(2), 351(3) and 352 of the Bharatiya Nyaya Sanhita, 2023, Police Station Nibohara, District Agra. According to the prosecution version, on 01.07.2024 at about 9.00 A.M. when the informant had gone towards field, accused Ram Baran and Bhoori Singh came and abused him and committed maarpeet. When the informant was going towards his home, Ram Baran assaulted the informant by but of the gun due to which he has received serious injuries. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number. He further submitted that inured did not suffer from firearm injury. Injuries are caused by hard and blunt object. The applicant is languishing in jail since 03.07.2024. He has criminal antecedent of one case in which the applicant has been granted bail by the court below 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. Learned counsel for the informant as well as learned AGA has vehemently opposed the prayer for bail and submitted that accused applicant assaulted the informant. Injury report reveals two injuries i.e. 1.lacerated wound abrasion and straumatic swelling six 04 cm. 0.05 cm swelling size 4 cm. 2 cm left side front of head above 11 cm left ear. 2. pain right side ankle of joint. In the opinion of the doctor all injuries are caused by hard and blunt object. Therefore, the applicant is not entitled for bail. Considering the facts that injuries are caused by but of gun and also period of incarceration of the applicant, 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-applicant, Ramvaran, 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 :- 16.5.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad