Neutral Citation No. - 2025:AHC:64892 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4088 of 2025 Applicant :- Shani And Another Opposite Party :- State of U.P. Counsel for Applicant :- Lalita Mishra,Rajnish Shukla,Santosh Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed today is taken on record. Heard Shri Rajnish Shukla and Smt. Lalita Mishra, learned counsel for the applicants and Shri Ramendra Pal 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- applicants Shani and Vikas, seeking enlargement on bail in Case Crime No. 701 of 2024, under Sections 191 (2), 191 (3), 121 (2), 109, 132, 125, 265 B.N.S. and Section 7 of Criminal Law Amendment Act, Police Station-Campierganj, District-Gorakhpur. Learned counsel for the applicants argued that the accused- applicants are innocent. They have been falsely implicated in this very case crime number and is languishing in jail since 25.10.2024. Learned counsel for the applicants submits that First Information Report was lodged against seven named persons including the applicants and some other persons with the allegation when the police party reached to the house of the applicants to arrest a criminal the applicants and other co-accused persons attacked upon the first informant and his associates in which they have received injuries. The real fact is that the mother of the co- accused Rahul had moved a complaint Case No. 41308 of 2024 against the police personnel of the concerned Police Station including the alleged injured namely Sachin Singh and Ajeet Kumar with the allegation that they have committed marpeet with the complainant and other family members and in grudge of the aforesaid incident the applicants has been falsely implicated in the present case. He further submits that the allegation levelled against all the accused persons are general in nature. No specific role has been assigned to the applicant. Criminal history of one case against the applicant no. has been explained in the supplementary affidavit whereas the applicant no. 1 has no criminal antecedent and there is no likelihood of their 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-applicants, Shani and Vikas, involved in above mentioned case crime number be released on bail, on their 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 applicants will not tamper with the evidence. 2. The applicants will not indulge in any criminal activity. 3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicants will appear regularly on each and every date fixed by the trial court, unless their 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 their bail. Order Date :- 28.4.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad