Neutral Citation No. - 2025:AHC:65845 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3188 of 2025 Applicant :- Rohit Yadav Alias Patwari Opposite Party :- State of U.P. Counsel for Applicant :- Dileep Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Dileep Kumar Yadav learned counsel for the applicant and Shri Purshottam Maurya, 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, Rohit Yadav Alias Patwari, seeking enlargement on bail in Case Crime No. 128 of 2024, under Section 309 (4), 317 (2), 318 (2), 336 (3), 345, 61 (2Ka) of the Bharatiya Nyaya Sanhita, 2023, Police Station-Handia, District-Prayagraj. 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 21.11.2024. Learned counsel for the applicant submits that First Information Report has been lodged on 30.10.2024, against three unknown persons, with the allegation that when the first informant was going to Grahak Sewa Kendra with a bag having Rs. one Lakh, three persons snatched his bag on gun point. He further submits that the applicant has been arrested on the information of the informer and recovery of one country made pistol and Rs. 6,000/- has been shown from the applicant. He further submits that the applicant is a student of class 9th and he has been falsely implicated due to village partibandi. In the present case charge sheet has been filed on 14.01.2025. He has no criminal antecedent and 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 but could not dispute the fact that the applicant has no criminal antecedents. 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, Rohit Yadav @ Patwari, 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 :- 29.4.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad