Neutral Citation No. - 2025:AHC:96136 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17607 of 2025 Applicant :- Akhilesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Aryan Srivastava,Prakash Chandra Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Shri P.C. Srivastava, learned counsel for the applicant, Shri Anil Kumar Singh, learned AGA for the State and perused the entire material available on record. 2. This is the second bail application. The first bail application filed by the present applicant has been rejected by this Court vide order dated 08.04.2025. 3. This bail application under Section 483 BNSS has been on behalf of applicant- Akhilesh Kumar, with a prayer to enlarge him on bail in Crime No. 06 of 2025, under Sections 318 (4), 319 (3), 336 (2), 338, 340 (2), 61 (2) BNS-2023 and Sections 4/13, 7/13 Uttar Pradesh Public Examination (Prevention of Unfair Means) Act, 2024, Police Station Lanka, District Varanasi, during the pendency of the trial. 4. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 07.01.2025. He 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. Learned counsel for the applicant submits that the incident took place on 04.01.2025 and its FIR has been lodged on 05.01.2025 without given any explanation for delay in lodging the FIR. It is argued that there is no cogent evidence against the applicant except the confessional statement of co-accused. The FIR was lodged under Sections 318 (4), 319 (2), 336 (2), 338, 340 (2) BNS-2023 and Sections 4/13, 7/13 Uttar Pradesh Public Examination (Prevention of Unfair Means) Act, 2024 and during investigation Section 61 (2) of BNSS has been added and the investigating officer submitted charge sheet under Sections 318 (4), 319 (3), 336 (2), 338, 340 (2), 61 (2) BNS-2023 and Sections 4/13 Uttar Pradesh Public Examination (Prevention of Unfair Means) Act, 2024 on 04.04.2025, on which learned Sessions Judge has taken cognizance in printed proforma and register the said case. The applicant has neither concerned with the aforesaid examination nor he has involved in any manner in the aforesaid examination of Civil Court Staff. The applicant has been falsely implicated in the present case in the confessional statement of co- accused whereas the applicant has not known to the said co- accused persons. Hence, bail has been prayed for. 5. Learned AGA as well as learned counsel for the informant have vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 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, Akhilesh Kumar, 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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 :- 28.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad