Neutral Citation No. - 2025:AHC:72619 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7404 of 2025 Applicant :- Abhay Singh Opposite Party :- State of U.P. Counsel for Applicant :- Dhirendra Kumar Srivastava,Diwan Saifullah Khan,Indradeo Counsel for Opposite Party :- G.A.,Suraj Kumar Singh Hon'ble Ashutosh Srivastava,J. Heard Sri Dhirendra Kumar Srivastava, Sri Diwan Saifullah Khan, Sri Indradeo, learned counsel for the applicant, Sri Suraj Kumar Singh, learned counsel for the informant, learned AGA for the State-Respondent and perused the record. The present bail application has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 232 of 2024, under Sections 310(2), 311, 317(3) of the Bharatiya Nyaya Sanhita, 2023, read with Section 3/25 of Arms Act, Police Station Balua, District Chandauli. Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. He submits that the FIR has been registered with some delay of which no satisfactory explanation has been submitted. There is no independent witness of the alleged incident. Learned counsel for the applicant further submits that the applicant has not committed any offence of robbery. No stolen property or any weapon has been recovered from the personal possession of the applicant. The applicant has not made any attempt to cause injury to the victim. In the medical report, no fatal or serious injury has been shown upon the victim and as per medical report, all injuries are simple in nature. No specific role has been assigned to the applicant in the present case. It is further submitted that the co- accused Abhishek Singh @ Tinku has been granted bail by this Court vide order dated 22.01.2025 passed in Bail Application No. 47 of 2025 passed by the Lower Court, therefore, applicant is also entitled to be released on bail. The applicant is languishing in jail since 23.12.2024. The applicant has criminal antecedent of four other cases, which is reflected from the bail rejection order passed by the Special Judge (POCSO Act) Chandauli. He further submits that there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the bail has been prayed for. Learned AGA has vehemently opposed the prayer of bail, but could not dispute the above submissions raised by learned counsel for the applicant. Considering all those 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, Abhay Singh, 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 :- 6.5.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad