HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 12305 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. 1. Counter affidavit filed today, is taken on record. 2. This is a third bail application of the applicant. The first and second bail application have been rejected by co-ordinate Bench of this Court vide orders dated 12.1.2023 and 9.5.2024 passed in Crl. Misc. Bail Applications No.6075 of 202 and 5751 of 2024. 3. Heard learned counsel for the applicant, Sri Sanjay Kumar, learned counsel for informant and Sri Ajai Singh, learned AGA for the State- Respondent and perused the record. 4. This bail application under Section 483 B.N.S.S., 2023 has been moved on behalf of the accused-applicant seeking enlargement on bail in Case Crime No. 438 of 2021, under Sections 364, 302, 201, 382, 120B, 34, 404 I.P.C., Police Station Cantt,, District Varanasi. 5. 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 4.9.2021. Learned counsel for the applicant submits that similarly circumstanced co-accused Rajesh Kumar Chauhan has already been enlarged on bail by this Court vide order dated 15.09.2025 passed in Criminal Misc. Bail Application No.28160 of 2025, copy of the bail order has been produced before this Court, which is taken on record. It Versus Counsel for Applicant(s) : Sanjay Mishra, Shivam Prabhakar Counsel for Opposite Party(s) : G.A., Mahabir Yadav, Sanjay Kumar Ram Pravesh Tiwari .....Applicant(s) State of U.P. .....Opposite Party(s) is further submitted that out of 63 witnesses only 6 witnesses have been examined. He further submits that co-accused Brajesh Yadav has been granted bail by the Supreme Court. He submits that 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. Hence, bail has been prayed for. 6. Per contra learned A.G.A. as well as learned counsel for informant have opposed the prayer for bail of the applicant, but could not dispute the aforesaid fact. 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. In view of the prima facie case and coupled with the fact that co- accused Brajesh Yadav has been granted bail by Supreme Court on the basis of period of incarceration, the applicant is also incarcerated in jail since 4.9.2021, this Court without expressing any opinion on merit of case, a case for bail is made out. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Ram Pravesh Tiwari, 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. 9. In the event of breach of any of the aforesaid conditions, the court below BAIL No. 12305 of 2025 2 will be at liberty to proceed to cancel his bail. September 19, 2025 Md Faisal BAIL No. 12305 of 2025 3 (Ashutosh Srivastava,J.) Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad