Neutral Citation No. - 2025:AHC:76018 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15779 of 2025 Applicant :- Pawan Yadav And Another Opposite Party :- State of U.P. Counsel for Applicant :- Awadhesh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicants, learned A.G.A for the State and perused the record. 2. Learned counsel for the applicants has contended that the applicants have sought bail in the added Sections i.e. Sections 109 (1) & 117 (2) B.N.S. He further submits that applicants have earlier filed Criminal Misc. Bail Application No. 13643 of 2025 (Pawan Yadav and another Vs. State of U.P.) seeking their enlargement on bail in Case Crime No. 68 of 2025 under Sections 109, 352, 351 (3) 3(5) B.N.S. Police Station Kotwali, District Maharajganj, which was pending consideration at the time of filing the instant bail application and during the course of investigation Sections 109 (1) & 117(2) B.N.S. Act has also been added. Learned counsel further submits that in the meantime, Criminal Misc. Bail Application No. 13643 of 2025 has been allowed vide order dated 02.05.2025, copy of which order has been produced before this Court and is taken on record as such the applicant is seeking bail in the added Section 109 (1) and 117 (2) B.N.S. Learned counsel next argued that the applicant has not misused the liberty of bail and therefore the applicants may also be released on bail in added Sections. It has also been assured on behalf of the applicants that he is ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon them. He next submits that applicant is languishing in jail since 06.02.2025. 3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicants by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 4. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicants may be enlarged on bail. 5. Let applicant Pawan Yadav and Abhishek Yadav involved in Case Crime No.68 of 2025 under Sections 109 (1), 117 (2) of B.N.S., Police Station Kotwali, District Maharajganj be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- i) The applicants shall not tamper with the prosecution evidence. ii) The applicants shall not threaten or harass the prosecution witnesses. iii) The applicants shall appear on the date fixed by the trial court. iv) The applicants shall not commit an offence similar to the offence of which the applicants are accused, or suspected of the commission. v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. 7. The bail application is allowed. Order Date :- 9.5.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad