Neutral Citation No. - 2025:AHC:52726 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11808 of 2025 Applicant :- Santosh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Achal Singh,Prashant Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Shri Shyam Narayan Rai, learned AGA for the State-opposite party and perused the record. 2. 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. 241 of 2024, under Sections 115(2), 109, 352, 351(3) of the Bharatiya Nyaya Sanhita, 2023, Police Station Baghauchghat, District -Deoria. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 24.11.2024. 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. 4. Learned counsel for the applicant submits that no offence as alleged in the FIR has been made out against the applicant. The F.I.R. dated 23.11.2024 is a result of sudden provocation, in which both the sides have received injuries. It is a family dispute between two real brothers. Applicant is brother of the informant. Charge- sheet has been submitted in this case on 20.12.2024. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Santosh 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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. 9. 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 :- 10.4.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad