HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8418 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri P.N. Tiwari, learned counsel for the applicant, Smt. Kamlesh Kumari, learned Additional Government Advocate for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 243 of 2025, under Sections 109(1), 3(5), 61(2) B.N.S., registered at Police Station Kotwali, District Unnao. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 26.03.2025 against a solitary named accused Dharmendra and four unnamed persons alleging that the informant's husband had gone to meet someone for his photography work upon receiving a phone call from a person named Dharmendra. Thereafter, he telephonically informed his wife (the informant) that some persons had assaulted him. 4. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 24 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history. 5. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and she has submitted on the basis of instructions provided to her that the police has recorded statement of an auto driver Saurabh Tiwari who stated that three persons named in his statement including the applicant had booked his auto for going from Naubasta, Kanpur to Unnao and on the way they were talking about the victim Sanjay Tiwari stating that he was not paying them money and they would teach him a lesson. He stated that these three persons had assaulted a person. In this statement he stated that the other persons had assaulted the victim upon the exhortation of the applicant. Versus Counsel for Applicant(s) : Prem Narayan Tiwari, Rakesh Kumar Mishra, Shyamendra Singh, Tej Singh Counsel for Opposite Party(s) : G.A. Shivendra Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 6. The Investigating Officer has recorded in the case diary that on the basis of information received from a mukhbir it came to light that on the exhortation of the applicant, Ajay Soni had caught hold of the victim and Ravi Tiwari had assaulted him with a banka. After completion of investigation a charge sheet has been submitted on 28.05.2025. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is a young man having no previous criminal history and he is languishing in jail since 29.03.2025 and the investigation already stands concluded wherein only the role of exhortation has been assigned to the applicant and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Shivendra Singh be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. September 9, 2025 Ram. BAIL No. 8418 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench