Neutral Citation No. - 2025:AHC:11589 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41763 of 2024 Applicant :- Ajay Kumar Yadav@ Balli Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Amarnath Tripathi Counsel for Opposite Party :- G.A.,Hemant Kumar,Neha Rajput,Parmeshwar Kr. Chaudhary,Santosh Kumar Singh,Yuvraj Singh Hon'ble Ashutosh Srivastava,J. Heard Shri Amarnath Tripathi, learned counsel for the applicant, Shri Rajesh Kumar Singh, learned AGA for the State-respondents, and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Ajay Kumar Yadav@ Balli Yadav, seeking enlargement on bail in Case Crime No. 166 of 2024, under Sections 191 (3), 115 (2), 352, 351 (2), 109 (1), 117 (2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Jaitpura, District Varanasi. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 28.8.2024. Learned counsel for the applicant submits that on account of earlier dispute arisen between son of applicant Pintu Yadav, present FIR has been lodged against the applicant including entire family. Learned counsel for the applicant submits injured has said that he received injuries with knife, which is a sharp edge weapon, but as per medical report, injuries received by injured are with hard and blunt object. The general allegation has been assigned to each of the accused persons. The role of instigation has been assigned to the applicant. Charge sheet in this case has already been filed on 25.10.2024. Learned counsel for the applicant submits that co-accused Ramjit Yadav alias Rambali Yadav has already been enlarged on bail by co-ordinate Bench of this Court on 19.12.2024 in Criminal Misc. Bail Application No. 39768 of 2024. Applicant has criminal antecedent of four cases, which have sufficient been explained in the affidavit filed in support of bail application. 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 AGA has vehemently opposed the prayer for bail. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Ajay Kumar Yadav@ Balli Yadav, 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 :- 23.1.2025 Ravi Prakash (Ashutosh Srivastava, J.) Order Date :- 23.1.2025 Ravi Prakash Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad