Neutral Citation No. - 2025:AHC:20693 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45880 of 2024 Applicant :- Vivek Yadav Alias Jani Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Lal Behari Yadav Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. This is second bail application. The first bail application was dismissed as withdrawn by this Court vide order dated 11.11.2024 passed in Criminal Misc. Bail Application No. 36475 of 2024. 2. Heard learned counsel for the applicant, Sri Shashank Shekhar Pandey, learned AGA for the State-respondent and perused the record. 3. The instant bail application under Section 483 of BNSS has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 236 of 2024, under Sections 115(2), 352, 74, 309(4) BNS, Police Station Rampur Karkhana, District Deoria during the pendency of trial. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. In the first information report two named persons including the applicant and three unknown persons are nominated. In the statement of the victim under Section 183 BNSS, specific role of indecent behaviour, assault and snatching the 'mangalsutra' has been assigned to the co-accused Shakti Yadav. A vague and general role has been assigned to the applicant. The case of the applicant is clearly distinguishable from that of co-accused Shakti Yadav. The applicant is in jail since 10.09.2024 and in case he is enlarged on bail, he will not misuse the said liberty. 5. Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. 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, there is no substantive evidence against the applicant. The applicant has remained confined for more than four months and 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. 7. Let the applicant Vivek Yadav @ Jani Yadav, 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; and, (iii) shall not pressurize the prosecution witnesses; 8. 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 :- 13.2.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad