Neutral Citation No. - 2025:AHC:131117 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16428 of 2025 Applicant :- Chandan Opposite Party :- State of U.P. Counsel for Applicant :- Kamal Dev Singh Chanchal Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Kamal Dev Singh Chanchal, learned counsel for the applicant, Shri Vijendra Kumar, learned AGA for the State- respondents 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, Chandan, seeking enlargement on bail in Case Crime No. 701 of 2024, under Section 105 of the Bharatiya Nyaya Sanhita, 2023, Police Station- Chaubeypur, District- Varanasi. 3. There is allegation in the First Information Report that on 25.10.2024 at about 03:00am, the accused persons, due to an old enmity, assaulted the son (now deceased) of the informant by using lathi-danda. 4. 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 12.012.2024. Learned counsel for the applicant submits that the First Information Report giving rise to the aforesaid case crime number was lodged nominating four persons on 25.10.2024 at about 19:20 hours regarding the incident which took place on 25.10.2024 at about 03:00am raising omnibus allegations against the named accused persons. He further submits that the applicant is not named in the First Information Report. The name of the applicant surfaced during investigation in the statement of the first informant in which the first informant has revealed that the name of the applicant could not be included at the time of lodging of the FIR, but is now being included along with the name of Ratna Devi as there was litigation going on with them. Learned counsel for the applicant has argued that the name of the applicant has been admittedly included with ulterior motive. He further submits that the post-mortem report of the deceased reveals that the cause of death is due to septicemia as a result of consequences/complication of Antemortem Cranio-cerebral injury. Nothing incriminating has been recovered from possession or pointing of the applicant. He further submits that there are 20 witnesses in the present case and none has been examined till date. 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. 5. Learned AGA as well as learned counsel for the first informant have vehemently opposed the prayer for bail. 6. 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 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, Chandan, 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 will be at liberty to proceed to cancel his bail. Order Date :- 29.7.2025/Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad