HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8649 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Supplementary affidavit filed by the learned counsel for the applicant is taken on record. 2. Heard Sri Avinash Srivastava, the learned counsel for the applicant, Sri Ashok Kumar Srivastava, the learned A.G.A. for the State and Sri Dev Mani Mishra, the learned counsel for the complainant. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 219 of 2025, under Sections 3(5), 191(2), 191(3), 190, 115(2), 352, 351(3), 109(1), 61(2), 140(2), 62 B.N.S and Section 7 of Criminal law Amendment Act, registered at Police Station Patti, District Pratapgarh. 4. The aforesaid case has been registered on the basis of F.I.R. lodged on 21.07.2025 against six named persons, not including the applicant and some unnamed persons, stating that the accused persons had threatened one Jagannath Vishwakarma for executing a sale deed in favour of one of the named accused persons Vipin Pandey. He alleged that the accused persons had assaulted Jagannath Vishwakarma, Brijesh Tiwarli, Arun Kumar Mishra and Aditya Kumar Mishra and the incident is recorded in the CCTV footage. 5. In the affidavit filed in support of the bail application, it has been stated Versus Counsel for Applicant(s) : Ashok Kumar Srivastava, Avinash Srivastava Counsel for Opposite Party(s) : G.A. Harish Jaiswal @ Panney .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s) that the applicant is an innocent person, he has been falsely implicated in the present case and he has no criminal history. 6. In the statement of Jagantha Vishwakarma, wherein he alleged that the applicant was involved in hatching a conspiracy for commission of an offence. He further stated that the applicant and some other persons alleged to have been involved in hatching the conspiracy, had previously threatened the said witness. 7. An F.I.R No. 0222 of 2025 was lodged in Police Station Patti, District Pratapgarh on 24.07.2025 against six persons, again not including the applicant, alleging that those persons had threatened Jagannath Vishwakarma on 18.07.2025. 8. 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. 9. The learned counsel for the complainant has also opposed the application and he has submitted that the applicant was involved in hatching conspiracy for commission of a heinous crime, which offence is recorded in a CCTV footage and, therefore, the applicant should not be released on bail. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is not named in the F.I.R, he has been implicated on the basis of statement of the victim Jagannath Vishwakarma, who stated that the applicant had previously threatened him; that an F.I.R regarding threatening has been registered on 24.07.2025 and in this F.I.R also, the applicant has not been made an accused and yet the applicant is languishing in jail since 23.07.2025, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail. 11. Accordingly, this bail application stands allowed. 12. Let the applicant- Harish Jaiswal @ Panney 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, BAIL No. 8649 of 2025 2 subject to the 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. September 15, 2025 Preeti. BAIL No. 8649 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench