HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8390 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Ashish Raman Mishra, the learned counsel for the applicant as well as Sri Ashok Kumar Srivastava, the learned A.G.A. for the State and Sri Anuj Kumar Gupta, learned counsel for the complainant. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.31 of 2025, under Sections 167, 193, 467, 468, 471, 120-B I.P.C., registered at Police Station Khairighat, District Bahraich. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 21.01.2025 in furtherance of an application under Section 175(3) B.N.S filed against five persons, including the applicant, describing him as the then Incharge X-ray/Record Keeper, District Hospital, Bahraich, stating that Shivpal Bhujwa had lodged a non cognizable report No. 93/ 2020 dated 27.04.2020 against the informant and his three brothers. Thereafter, co-accused persons Shivpal Bhujwa and Preet Kumar got their X-ray examination conducted. Initially, the doctor had given a report that no abnormality was detected in the X-ray examination but the co-accused persons got this report altered under a conspiracy with the applicant and co-accused Dr. Kishun, the then radiologist in the district hospital and, consequently, Section 308 I.P.C was added and the informant had to languish in jail. 4. In the affidavit filed in support of the bail application, it has been stated Versus Counsel for Applicant(s) : Ashish Raman Mishra Counsel for Opposite Party(s) : G.A. Bhikhari Singh Parihar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko .....Opposite Party(s) that the applicant is an innocent person and he has been falsely implicated in the present case. The applicant's involvement in six other criminal cases has been disclosed in the affidavit filed in support of the application as well as in the supplementary affidavit, in two cases, the applicant's arrest has been stayed, in two cases, the applicant has been granted bail, one case has been lodged after the present F.I.R and in one case, the applicant has not received any summon. 5. The learned counsel for th applicant has submitted that co-accused Shivpal Bhujwa, has been granted bail by means of an order dated 02.07.2025 passed by the Session Judge, Bahraich. 6. The learned A.G.A. has opposed the bail application and he has submitted that the investigation in the present case is still going on. 7. The learned counsel for the complainant has also opposed the bail application and he has submitted that the applicant is involved in numerous other cases of similar nature. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the X-ray examination referred in the F.I.R was conducted in the year 2020 whereas the present F.I.R has been lodged in the year 2025; the co-accused against whom principal allegations have been levelled, has already been granted bail whereas the applicant is a 62 years old person, he has already been retired from service and he is languishing in jail since 18.07.2025, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Bhikhari Singh Parihar be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: - (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; BAIL No. 8390 of 2025 2 (iii) the applicant shall appear on each and every date fixed by the trial court. September 8, 2025 Preeti. BAIL No. 8390 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench