HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 12941 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Sri Ajay Tripathi, learned counsel for the applicant, Sri Varun Pratap Singh,learned AGA for the State-Respondent and perused the record. The present bail application has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 56 of 2025, under Sections 352, 351(2), 333, 324(4), 107, 75 of the Bharatiya Nyaya Sanhita, 2023, and Section 7/8 of the POCSO Act, Police Station Cholapur, District Varanasi. Learned counsel for the applicant argued that the accused-applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant further submits that the applicant is doing service in Para-Military Force in Indian Army and he has not committed any offence and has been falsely implicated due to village party-bandi. According to the post-mortem report, the cause of death is due to anti- mortem hanging. He further submits that the alleged suicide note has not been verified and is planted by the informant just to give implicate the accused persons. Learned counsel for the applicant submits that a civil dispute with regard to partition of land is pending between the accused and the informant as such the application has been roped in the present case. He submits that in the present case, charge-sheet has been filed and the applicant is not required for any custodial interrogation. He submits that no specific role of instigation has been assigned to the applicant in the present case. The applicant is languishing in jail since 18.02.2025. 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. Hence, the Versus Counsel for Applicant(s) : Abhimanyu Singh, Ajay Tripathi, Surya Prakash Pandey Counsel for Opposite Party(s) : G.A. Ichchha Yadav .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) bail has been prayed for. Learned AGA has vehemently opposed the prayer of bail, but could not dispute the above submissions raised by learned counsel for the applicant. 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, Ichchha 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. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. September 15, 2025 pks BAIL No. 12941 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad