Neutral Citation No. - 2025:AHC:42213 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2138 of 2025 Applicant :- Vikash Kumar Sinha Opposite Party :- State of U.P. Counsel for Applicant :- Ankit Kumar Sahu Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Learned counsel for the applicant has filed supplementary affidavit, which is taken on record. 2. Heard Shri Ankit Kumar Sahu, learned counsel for the applicant, Sri Puneet Kumar Singh, learned AGA for the State-respondents and perused the record. 3. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Vikash Kumar Sinha, seeking enlargement on bail in Case Crime No. 264 of 2024, under Section 307 of the Indian Penal Code, Police Station Phase-2, District Gautam Buddh Nagar. 4. The allegation made in the FIR is that on 27.05.2024, at about 8:45 hours, first informant reached Old Court Complex Phase-2 located at a Hotel from own E-Rikshaw charging Station to get food for own employees at the canteen, 4 persons have badly beaten one person with iron rods and sticks. The first informant tried to free that person but they stabbed the first informant several times with a knife due to which the first informant got inured and fell down there and after some times the police reached there by which time all the persons had fled from there and the police admitted to the first informant in an injured condition. 5. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 19.12.2024. 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. Learned counsel for the applicant submits that the incident took place on 27.05.2024 and its FIR was lodge after eight days without explaining any delay in lodging the FIR. The FIR was lodged against four unknown persons. The applicant is not named in the FIR and his name has come into light during course of investigation in the confessional statement of co-accused Rakesh Verman. No specific role has been assigned to the applicant. There is no independence witness and no eyewitness has been shown by the police. It is a no injury case and general role has been assigned to all the accused persons in the FIR. No weapon has been recovered from the applicant. There is no motive and credible evidence against the applicant for committing the aforesaid offence. Hence, bail has been prayed for. 6. Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 7. Considering all above 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. 8. Accordingly, the bail application is allowed. 9. Let the accused-applicant, Vikash Kumar Sinha, 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. 10. 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 :- 20.3.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad