Neutral Citation No. - 2025:AHC:75389 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6427 of 2025 Applicant :- Harihar @ Hariram Bind Opposite Party :- State of U.P. Counsel for Applicant :- Pramod Kumar Mishra,Suneel Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed today is taken on record. Heard Shri A.P.Mishra, Advocate, holding brief of Shri Suneel Kumar Mishra, learned counsel for the applicant and Shri Yagyavalka Pandey, learned AGA for the State-Respondent and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 208 of 2024, under Sections 118(1), 351(2), 352, 109 of the Bharatiya Nyaya Sanhita, 2023, and Section 7 of Criminal Law Amendment Act, Police Station Kotwali Dehat, District Mirzapur. Learned counsel for the applicant argued that the accused- applicant is innocent and has been falsely implicated in this case crime number. Learned counsel for the applicant further submits that the FIR has been registered with some delay of which no satisfactory explanation has been made. Nothing incriminating material has been recovered from the possession of the applicant. There is no independent witness of the alleged incident. There is old enmity with regard to land between the applicant and the first informant due to which the applicant has been roped in the present case with concocted story. He submits that while coming to the house the injured fell from his motorcycle and sustained injury and the applicant has not committed any marpeet with the injured. No specific role and motive has been assigned to the applicant in the present case. The applicant is languishing in jail since 25.10.2024. Co-accused Lalchand has been granted bail by this Court in Criminal Misc. Bail Application No. 46819 of 2024, vide order dated 04.03.2025. The applicant 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 AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. Considering all those 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. Accordingly, the bail application is allowed. Let the accused-applicant, Harihar @ Hariram Bind, 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. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 9.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad