Neutral Citation No. - 2025:AHC:116613 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19002 of 2025 Applicant :- Akash Giri Opposite Party :- State of U.P. Counsel for Applicant :- Pushpa Kumari,Vijay Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Vijay Kumar Tiwari, learned counsel for the applicant and Shri S.K.Rai, learned A.G.A.-Ist, for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Akash Giri, seeking enlargement on bail in Case Crime No. 18 of 2025, under Sections-309 (6), 317 (2), 111 (1) of B.N.S. Police Station-Arniya, District-Bulandshahar. 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 19.01.2025. Learned counsel for the applicant submits that First Information Report was lodged against four unknown persons by the first informant with the allegation that his brother namely Deepak Kumar was a driver and running his Wagon R Car bearing number U.P. 13 DT 6840. On the date of incident the said vehicle was booked by four accused persons from Anand Vihar Bus Stand to Aligarh. In the way all the accused persons looted Rs. 8500/-, Oppo Mobile Phone and the Car after giving blow by knives to the injured. The injured anyhow saved himself and reached to the nearest police station. The police has taken the injured to the Community Health Centre, from where he was referred to Aligarh where the treatment is going on. Learned counsel for the applicant submits that in the alleged First Information Report there is no mention of source of knowledge of the incident. Learned counsel for the applicant further submits that initially the First Information Report was lodged under section 309 (6) and during investigation, after recovery of vehicle from the joint possession of applicant along with other accused persons, another case crime No. 19 of 2025 under section 109 (1) and 3(5) B.N.S. and 3/25/27 Arms act has been registered. Thereafter, Sections 317 (2) and 111 (1) B.N.S. have been added. Learned counsel for the applicant further submits that in the First Information Report it has been mentioned that the applicant and other co-accused persons given blow by knives whereas, medical report does not support the prosecution version. Learned counsel for the applicant further submits that 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. Per contra learned A.G.A. has opposed the prayer for bail of the applicant but could not dispute the aforesaid facts. 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, Akash Giri, 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 :- 18.7.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad