Neutral Citation No. - 2025:AHC:111369 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18767 of 2025 Applicant :- Arpit Rai Opposite Party :- State of U.P. Counsel for Applicant :- Prashant Upadhyay,Rakesh Pathak Counsel for Opposite Party :- Azaz Ahmad,G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant,Sri Azaz Ahmad, learned counsel for the first informant, Sri Rajesh Kumar Singh, 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, Arpit Rai, seeking enlargement on bail in Case Crime No. 637 of 2025, under Sections 115 (2), 352, 105, 3 (5) & 61 (2) BNS, Police Station- Kotwali, District- Azamgarh. The bail application of the applicant in the court below was rejected by the learned Sessions Judge, Azamgarh, vide order dated 05.05.2025 and the applicant is languishing in jail since 03.04.2025. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number. Learned counsel for the applicant submits that the allegation made against the applicant are false and baseless with malafide intention. As per the FIR, the incident took place on 24.11.2024 at the hospital 6-7 persons have assaulted the informant's husband, but he has received only one injury. No iron rod has been recovered from the possession of the accused persons including the applicant. As per the post mortem report, the deceased has received one injury over his head and no allegation of using the iron rod has been made against the applicant. The applicant is not named in the FIR. The informant is the eye witness of the alleged incident and she has not disclosed the name of the applicant in the FIR and general role has been assigned against all the accused persons. It is further submitted that similarly placed co-accused Ankit Rai and Deepanshu Rai have already been enlarged on bail of by coordinate Bench of this Court by orders dated 16.05.2025 and 08.05.2025 passed in Criminal Misc. Bail Application Nos.14466 of 2025 and 14813 of 2025, copy of the bail order has been annexed as Annexure-14 of the bail application. He further submitted that since the role of the applicant is identical to that of co-accused, Ankit Rai and Deepanshu Rai, who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. He has criminal antecedent of three cases, which has been explained in para 35 of the affidavit 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. 4. Learned AGA has vehemently opposed the prayer for bail. 5. 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Arpit Rai 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. 8. 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 :- 10.7.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad