Neutral Citation No. - 2025:AHC:55988 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5488 of 2025 Applicant :- Nitish Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Learned counsel for the applicant has filed supplementary affidavit, which is taken on record. 2. Heard Shri Sandeep Kumar Tiwari, learned counsel for the applicant, Sri Ramendra Pal Singh, learned AGA for the State- respondents and perused the record. 3. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Nitish Yadav, seeking enlargement on bail in Case Crime No. 208 of 2024, under Sections 191 (2), 191 (3), 190, 115 (2), 352, 109 BNS, Police Station Anpara, District Sonbhadra. 4. The allegation made in the FIR is that on 27.12.2024 at about 8:40 p.m. the applicant along with other co-accused persons came in Hindalco Renusagar Power Division and committed mar-peet with the guard and other persons of the Power Division, by lathi and danda, in which one Ashish Kumar Tiwari has sustained grievous injury on his head. 5. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 29.12.2024. He 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. Learned counsel for the applicant submits that the inured Ashish Kumar Tiwari sustained grievous injury on his head and other injured persons also sustained injury, which are simple in nature. It is submitted that no any specific role has been assigned to the applicant in commission of the alleged offence and only general role has been assigned to the applicant. Specific role of causing head injury to the inured Ashish Kumar Tiwari has been assigned to co-accused Saurabh Yadav @ Chhotu Yadav. The medical reports do not support the prosecution version. Nothing has been recovered from the possession of the applicant or his pointing out. The alleged recovery of danda has been recovered on the pointing out of co-accused Saurabh Yadav @ Chhotu Yadav. The applicant has not involved or participated in the alleged incident but he has been falsely implicated in the present case due to suspicion. In fact the applicant has no concern with the alleged incident, the police have caught the applicant on 27.12.2024 just after the alleged incident and confined him in the police station and planted a recovery/arrest memo showing its date on 29.12.2024, therefore, the said recovery/arrest memo is false, fabricated and planted. No offence is made out against the applicant under the aforesaid sections on the basis of material evidence available on record and the present case has been instituted against the applicant only to harass him. Hence, bail has been prayed for. 6. Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 7. Considering all above facts and circumstances, 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 case, but without commenting on merit of case, a case for bail is made out. 8. Accordingly, the bail application is allowed. 9. Let the accused-applicant, Nitish Yadav, 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. 10. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. 11. The Registrar (Compliance) is directed to inform the order to all concerned to ensure compliance. 12. The party shall file computer generated copy of this order downloaded from the official website of High Court, Allahabad. The computer generated copy of this order shall be self attested by counsel of the party concerned. 13. The concerned Authority shall verify the authenticity of this computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing. Order Date :- 16.4.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad