HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9699 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the applicant, Ms. Nikita Mishra, learned A.G.A. for the State and perused the record. 2. The present application has been filed on behalf of the applicant seeking bail in Case Crime No. 0222 of 2025, under Sections 3(5), 308(5), 352, 351(3) BNS, Police Station-Patti, District-Pratapgarh. 3. While pressing the instant application, learned counsel for the applicant stated that the applicant is innocent and he has falsely been implicated in the present case. 4. The contention of the learned counsel for the applicant is that a perusal of the FIR No. 0222 of 2025 lodged on 24.07.2025 at P.S.-Patti, District- Pratapgarh, in connection with which the applicant is in jail since 23.07.2025, would indicate that Sushil Kumar Singh, Block Pramukh is the main accused and not the present applicant. 5. According to the case set up in the FIR, Sushil Kumar Singh, Block Pramukh was trying to pressurize Jagannath Vishwakarma, father of the informant, for selling the property to his known persons on meagre amount and not to Brijesh Tiwari to whom the father of the applicant was intent to sell the property and as such, it can be inferred that the applicant has been implicated being friend of Sushil Kumar Singh, Block Pramukh making allegations in the FIR with regard to threatening of dire consequences and Versus Counsel for Applicant(s) : Adesh Srivastava, Abhinav Pankaj Counsel for Opposite Party(s) : G.A. Akhilesh Srivastava .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. .....Opposite Party(s) demand of Rs. 10 Lakh as goonda tax. 6. Further submitted that prior to lodging of FIR No. 0222 of 2025, indicated above, an FIR No. 0219 of 2025 was lodged on 21.07.2025 by one Baikunth Nath Pandey, In-charge Police Station, P.S.-Patti, District-Pratapgarh, the copy of which is annexed at Annexure No. 2 to the present application and a perusal thereof would show that accused Sushil Kumar Singh, Block Pramukh, with regard to the property owned by Jagannath Verma, father of the applicant of FIR No. 0222 of 2025, opened fire and in the incident, Arun Kumar Mishra as also Aditya Kumar Mishra sustained firearm injuries. This FIR also indicates that the applicant was not present at the situs of the crime and therefore his name does not find place in the FIR and it is the Sushil Kumar Singh, Block Pramukh, who is the main accused. 7. Further submission is that in Case Crime No. 0219 of 2025 the applicant has already been enlarged on bail by this Court vide order dated 22.09.2025 passed in CRIMINAL MISC. BAIL APPLICATION No. - 8972 of 2025, copy of which is annexed as Annexure No. 3 to this application. 8. It is also submitted that except these two cases no other case is pending consideration against the applicant before any Court. 9. It is lastly submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, they shall not misuse the liberty of bail. 10. It is submitted that considering aforesaid, the applicant, who is in jail since 23.07.2025, is entitled to be released on bail. In case of being enlarged on bail, he will not misuse the liberty of bail and will cooperate in trial and would also not influence the prosecution witnesses. In these circumstances of the case, the applicant is entitled to be released on bail. 11. Learned A.G.A. opposed the prayer of the applicant. However, he could not dispute the above contentions made by the applicant's counsel. 12. Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of the application, F.I.R., as well as other relevant documents including statement(s) on record as well as the role attributed to the applicant and without going into the merits of the case, this Court is of the view that the application has substance and it is accordingly, allowed. BAIL No. 9699 of 2025 2 13. Let the applicant- Akhilesh Srivastava be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs. 25,000/- and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions :- (i) The applicant will cooperate with the prosecution during trial. (ii) The applicant will not tamper with the evidence during trial. (iii) The applicant will not pressurize/intimidate the prosecution witness(es). (iv) The applicant shall not commit an offence. (v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (vi) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The applicant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The applicant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C. 14. In case of default of above conditions it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. 15. As this order relates to enlargement of the applicant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation made in this order. October 10, 2025 Vinay/- BAIL No. 9699 of 2025 3 (Saurabh Lavania,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench