HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28693 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Birendra Singh Khokher, learned counsel for the applicant, Sri Dharmendra Pratap Singh, learned counsel for the informant, Sri R.P. Patel, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.134 of 2025, under Sections 109(1), 308(5), 351(3) B.N.S. and Section 3/25/27 Arms Act, Police Station-Titawi, District- Muzaffarnagar, during the pendency of trial. 4. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The applicant is not named in the FIR and the name of the applicant has even not been mentioned in the statement of the injured person recorded on 01.06.2025. The name of the applicant has come up in the statement of co-accused person subsequently. It is further argued that even the role of assaulting the injured person has been assigned to the co-accused person-Paras. There is no criminal history of the applicant. The applicant is languishing in jail since 10.06.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 5. Per contra, learned counsel for the informant as well as learned A.G.A. has vehemently opposed the bail application on the ground that name of the applicant was mentioned as Vishal in the FIR, however it was later on revealed that the real name of the applicant was Golu which finds mention in the statement of co-accused person- Paras, as such, applicant was present at the time occurrence, however, he could not dispute that the role of assaulting the injured person has been assigned to Paras, as such, case of applicant stands distinguished from co-accused-Paras. 6. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that role of assaulting has been assigned to co-accused-Paras and even the name of Versus Counsel for Applicant(s) : Birendra Singh Khokher Counsel for Opposite Party(s) : Dharmendra Pratap Singh, G.A. Naman Choudhary Alias Golu .....Applicant(s) State of U.P. .....Opposite Party(s) applicant was not mentioned by the injured person in his statement, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 7. Let the applicant- Naman Choudhary Alias Golu, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 11, 2025 Karan BAIL No. 28693 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad