Ajay Bhanot,J.

1. By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.1064 of 2021 at Police Station-Sikandrabad, District-Bulandshahar under Sections 304, 323, 506 IPC. The applicant is in jail since 12.12.2021.

2. The bail application of the applicant was rejected by learned Sessions Judge, Bulandshahar on 24.03.2022.

3. Shri Deepak Kumar Yadav, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The F.I.R. assigns a vague and general role to the applicant in the assault. The doctor who conducted the medical examination of the deceased in his statement before the police authorities has asserted that the deceased suffered one injury on his foot. The post mortem report does not identify the ante mortem injuries as the cause of death. The post mortem report in fact opines that the cause of death is uncertain. Prosecution evidence does not connect the applicant with the offence. Learned counsel for the applicant has partly explained the criminal history of the applicant and contends that the same has no bearing on the instant case.

4. Shri Rishi Chaddha, learned A.G.A. as well as Shri Manoj Srivastava, learned counsel for the informant could not satisfactorily dispute the aforesaid submissions from the record. However, learned AGA points out that the applicant has criminal history of three more cases.

5. Rejoining the issue, Shri Deepak Kumar Yadav, learned counsel for the applicant submits that the applicant is in jail and does not have any pairokar who can produce all reliable details of the cases pending against him. However, relying on the records of the learned A.G.A., and instructions from the applicant, learned counsel for the applicant contends that the applicant has become a soft target for the police authorities. The police authorities falsely framed him in the aforesaid case to burnish their credentials. The said criminal cases do not have any bearing on the instant bail application. The applicant is not a flight risk and there is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

6. I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on bail.

7. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

8. Let the applicant-Pawan Kumar 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 subject to following conditions.

(i) The applicant will not tamper with the evidence during the trial.

(ii) The applicant will not influence any witness.

(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.

9. In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.