Neutral Citation No. - 2025:AHC:29665 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2518 of 2025 Applicant :- Rambhawan Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Upadhyay,Manoj Kumar Dubey,Vipul Kumar Dubey Counsel for Opposite Party :- G.A.,Santosh Kumar Yadav Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant, Sri Santosh Kumar Yadav, learned counsel for the informant as well as Sri V.P.Tripathi, learned AGA for the State-respondent and perused the record. 2. The instant bail application under Section 483 BNSS has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 355 of 2024, under Sections 3(5), 110, 115(2), 351(2), 352, 333, 117(2) and 109 BNS, Police Station Kaptanganj, District Azamgarh, during the pendency of trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. As per the allegations in the first information report, five accused persons including the applicant are alleged to have assaulted three persons. The injury no.1 on the head of injured Manisha Pandey and Awadh Bihari Pandey was found grievous in nature, whereas the injury sustained by the informant Santram Pandey was found simple in nature. A vague and general role has been assigned to the applicant. At this stage, the author of the injury on the head of Manisha Pandey and Awadh Bihari Pandey is not known. The applicant is in jail since 22.12.2024 having no criminal history and in case he is enlarged on bail, he will not misuse the said liberty. 4. Learned AGA and the counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record, this Court prima facie finds that a vague and general role has been assigned to the applicant. At this stage, the author of the injury on the head of Manisha Pandey and Awadh Bihari Pandey is not known. The applicant has no criminal antecedents. The applicant has remained confined for more than two months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant Rambhuwan Pandey, involved in the aforesaid case 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 the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; (iii) shall not pressurize the prosecution witnesses. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 3.3.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad