HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 17938 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Sri B. K. Mishra, learned counsel for the applicant, Shri Rajesh Kumar Singh, learned AGA for the State-Respondent and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 107 of 2025, under Sections 305(a), 317(2), 111 (4 & 5) of the Bharatiya Nyaya Sanhita, 2023, Police Station Panki, District Kanpur Nagar. 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 26.03.2025. Learned counsel for the applicant submits that the FIR has been lodged after three days of the alleged incident of which no satisfactory explanation has been submitted. He further submits that the applicant is not named in the FIR and he has been implicated on the basis of confessional statement of the co-accused. He submits that there is no independent eye witness of the alleged incident and no identification parade has been done by the Police. Learned counsel for the applicant submits that similarly circumstanced co-accused, Vinay Shukla has already been enlarged on bail by this Court vide order dated 02.09.2025 in Criminal Misc. Bail Application No. 16002 of 2025. He further submits that 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. Per contra learned A.G.A. has opposed the prayer for bail of the applicant, Versus Counsel for Applicant(s) : Bed Kant Mishra, Neetu Mishra Counsel for Opposite Party(s) : Anand Tiwari, G.A. Raj Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) but could not dispute the aforesaid fact. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Raj 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: 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 8, 2025 pks BAIL No. 17938 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