HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29094 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Ms. Swati Agrawal (Srivastava), learned counsel for the applicant, Shri Yagyavalk Pandey, 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, Vivek Dua, seeking enlargement on bail in Case Crime No. 102 of 2025, under Sections 3 (5), 109 (1), 351 (3) of the Bharatiya Nyaya Sanhita, 2023 and Section 3/30 of Arms Act, Police Station Dhoomanganj, District Prayagraj, during the pendency of the trial before the Court below. 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 12.4.2025. Learned counsel for the applicant submits that statement of PW1 Devansh Dua (injured) has been recorded before the Trial Court and during his examination before the Trial Court PW1 has been declared hostile. He has also been cross examined by the learned DGC, but he failed to support the case of prosecution. Applicant 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. Versus Counsel for Applicant(s) : Akhil Kumar Singh, Anand Kumar Srivastava, Deepesh Kumar Ojha, Kamlesh Kumar Dwivedi, Siddharth Srivastava, Sunita Sharma, Swati Agrawal, Vijay Chandra Srivastava Counsel for Opposite Party(s) : G.A. Vivek Dua .....Applicant(s) State of U.P. .....Opposite Party(s) Learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, in particular, the statement of PW1 Devansh Dua (injured), 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, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Vivek Dua, 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. February 27, 2026 Ravi Prakash BAIL No. 29094 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad