Neutral Citation No. - 2025:AHC:112095 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20022 of 2025 Applicant :- Shivam Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Sanjeev Kumar Singh Counsel for Opposite Party :- G.A.,Jyoti Kumari Jaiswar,R P Rajan,Tripurari Pal Hon'ble Ashutosh Srivastava,J. Heard Sri Sanjeev Kumar Singh, learned counsel for the applicant, Sri Brijendra Kumar, learned AGA for the State-Respondent and perused the record. The present bail application has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 124 of 2025, under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023, Police Station Jiyanpur, District Azamgarh. 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 applicant is not named in the FIR and the Police has implicated the applicant on the basis of information received from Mukhbir. He further submits that the alleged recovery of 'danda' is planted by the Police and in fact nothing incriminating material has been received from the possession of the applicant. He further submits that the recovery of motorcycle, alleged to have been used in the aforesaid crime, does not belong to the applicant. He further submits that there is no independent witness of the alleged incident but on the basis of information provided by the Mukhbir the Police arrested the applicant in the aforesaid case. In the statement of sister of deceased, she has not named the applicant and has assigned the motive of offence to one another accused namely Maintu @ Ramchander Yadav. The role of assaulting the victim has been assigned to other co-accused and the applicant had no connection in the aforesaid crime. The applicant is languishing in jail since 05.04.2025. The applicant has no criminal antecedent to his credit 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, Shivam Yadav, 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 :- 14.7.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad