Neutral Citation No. - 2025:AHC:128976 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23086 of 2025 Applicant :- Abhishek Sahni Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Afzal,Prakash Sharma Counsel for Opposite Party :- Aryan Srivastava,G.A.,Prakash Chandra Srivastava Hon'ble Ashutosh Srivastava,J. Heard Sri Mohd. Afzal, learned counsel for the applicant, Sri Ajay Singh, learned AGA for the State-Respondent, Sri Aryan Srivastava, holding brief of Sri P. C. Srivastava, learned counsel for the first informant and perused the record. The present bail application has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 62 of 2025, under Sections 191(2), 191(3), 190, 115(2), 125, 117(2), 103(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023, Police Station Barhaj, District Deoria. 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 FIR has been registered with some delay of which no satisfactory explanation has been submitted He further submits that the applicant is not named in the FIR and his name surfaced in the statement of one injured Nandlal Yadav during course of investigation. In the statement Nandlal Yadav has stated that when Chandrabhan Yadav was coming on motorcycle, Sonu Yadav tried to stop him and when he did not stop his motorcycle, Sonu Yadav hit on the head of the deceased by throwing brick and consequent thereof Chandrabhan Yadav fell down from the motorcycle and received grievous injury. Nothing incriminating material has been recovered from the possession of the applicant. There is contradiction between the version of FIR and the statement of eye- witnesses recorded under Section 180 B.N.S. He further submits that location of the applicant has not been found at the place of incident and there is no independent witness of the alleged incident. He submits that variation in the statement of the witnesses recorded by the Investigating Officer belies the prosecution story. He submits that the deceased died due to injuries sustained in a road accident and due to prior enmity with the other co-accused the applicant has been falsely roped in the present case. The father of the deceased in his statement under Section 180 B.N.S. did not make any specific allegation against the applicant. No specific role and motive has been assigned to the applicant in the present case. The applicant is languishing in jail since 17.03.2025. 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 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, Abhishek Sahni, 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. Order Date :- 1.8.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad