HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33063 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant and learned AGA for the State- opposite party. 2. The instant bail application under Section 483 B.N.S.S. has been filed with a prayer to enlarge the applicant on bail in Case Crime No.91 of 2025, under Sections 191(2), 115(2) & 105 B.N.S., Police Station- Bhelupur, District- Varanasi, during the pendency of trial. 3. Counsel for the applicant contends that the applicant was not named in the first information report and has been falsely implicated in the present case. In the statement of the informant recorded under Section 180 BNSS, the name of four persons namely Shekhar Chaudhary, Monu Kumar, Kaushal Bharti and Sumit Kumar was disclosed. Subsequently, after four months of the alleged incident, the name of the applicant surfaced. It is contended that the applicant has no role in the alleged incident. The co-accused namely Shekhar Chaudhary, Kaushal Bharti and Monu Kumar have already been granted bail by this Court vide orders dated 23.05.2025, 26.05.2025 and 16.07.2025 passed in Criminal Misc. Bail Applications Nos.17772 of 2025, 12522 of 2025 and 22791 of 2025, respectively. The case of the applicant is on a better footing to that of said co-accused persons. The applicant is in jail since 31.07.2025 having no criminal history and in case he is enlarged on bail, he will not misuse the said liberty. 4. Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. Versus Counsel for Applicant(s) : Manoj Pandey, Rukmani Ojha Counsel for Opposite Party(s) : G.A. Guru Dutt .....Applicant(s) State of U.P. .....Opposite Party(s) 5. Having heard counsel for the parties and having perused the record, this Court prima facie finds that the applicant was not named in the first information report. In the statement of the informant recorded under Section 180 BNSS, the name of four persons namely Shekhar Chaudhary, Monu Kumar, Kaushal Bharti and Sumit Kumar was disclosed and after four months of the alleged incident, the name of the applicant surfaced. The co- accused namely Shekhar Chaudhary, Kaushal Bharti and Monu Kumar have already been granted bail by this Court. Further, the applicant has no criminal antecedents and has remained confined for more than two months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant Guru Dutt, involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. October 15, 2025 Manish Kr BAIL No. 33063 of 2025 2 (Vivek Varma,J.) Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad