Neutral Citation No. - 2025:AHC:144133 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43242 of 2024 Applicant :- Kanhaiya Tiwari @ Ravindranath Opposite Party :- State of U.P. Counsel for Applicant :- Awadhesh Kumar Srivastava,Raman Pandey Counsel for Opposite Party :- G.A.,R.K. Singh. Rajput Hon'ble Ashutosh Srivastava,J. Heard Shri Awadhesh Kumar Srivastava and Shri Raman Pandey, learned counsel for the applicant, Shri R.K. Singh, learned counsel for the first informant and Shri Purshottam Maurya, learned A.G.A. for the state and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Kanhaiya Tiwari @ Ravindranath, seeking enlargement on bail in Case Crime No. 109 of 2024, under Sections 49, 191 (2), 191 (3), 115 (2), 352, 103 (1) B.N.S., Police Station-Paikoliya, District-Basti. 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 26.07.2024. Learned counsel for the applicant submits that similarly circumstanced co-accused Ramchander, has already been granted bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No. 3158 of 2025 vide order dated 01.04.2025. Learned counsel for the applicant fairly submits that the applicant is similarly circumstanced except the fact that the co-accused Ramchander, was of no criminal antecedent whereas, the applicant has criminal antecedent of 15 cases has been explained in the supplementary affidavit and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. The only role assigned to the applicant is of exhortation. Hence, bail has been prayed for. Per contra learned A.G.A. has vehemently opposed the prayer for bail of the applicant, but could not dispute the fact that similarly circumstanced aforesaid co-accused has already been granted bail by this Court. 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, Kanhaiya Tiwari @ Ravindranath, 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 :- 21.8.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad