Neutral Citation No. - 2025:AHC:115615 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21038 of 2025 Applicant :- Onkareshwar Mishra Karan Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Sunil Kumar, learned counsels for the applicant, Shri 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, Onkareshwar Mishra Karan, seeking enlargement on bail in Case Crime No. 26 of 2025, under Sections 318 (4), 316 (2), 338, 336 (3), 340 (2), 111 (2) (Kha) BNS, Police Station Gunnaur, District Sambhal. The bail application of the applicant in the court below was rejected by the learned Sessions Judge, Sambhal at Chandausi, vide order dated 11.04.2024. 3. 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 13.02.2025. Learned counsel for the applicant submits that the applicant has been made accused in the present case on the basis that the applicant was accused in Case Crime No. 13 of 2025, under Sections 109, 318 (4), 338, 336 (3), 340 (2) and 111 (2)(b) BNS. The applicant is not the person, who is named in the FIR and he has been falsely shown in the FIR by investigating officer and the named accused is a different person. The applicant is not got identified by the first informant or by the Bank Manager of Yash Bank, Branch Anooposhahar or any other witness. In fact the name of the applicant is Onkareshwar, but the investigating officer has changed as against the actual accused Omkareshwar by falsely showing that the applicant is the aforesaid Onkareshwar, though in the FIR as well as in the statement of the first informant as well as the statements of witnesses recorded under Section 180 BNSS, the name of the actual accused has been mentioned as Omkareshwar. There is no allegation against the applicant that he has received any money, which is involved in the present case. The investigating officer after completion of investigation has submitted charge sheet dated 11.05.2025. The applicant was made accused in the FIR dated 18.01.2025, in case Crime No. 13 of 2025, under Sections 318 (4), 336 (3), 338, 340 (2), 111 (2) B, 61 (2) (Ka) BNS, P.S. Rajpura, District Sambhal, and thereafter, number of cases has been lodged against the applicant in different police station. The alleged recovery of three mobile phones and money, which have been recovered from the Scorpio Car No. U.P. 32 NZ-3002 belongs to the applicant. No identification parade was conducted by the investigating officer for identification from the first informant or the witnesses. Nothing has been recovered from the possession of the applicant or on his pointing out. It is submitted that the applicant has been arrested on 17.01.2025 in case Crime No. 13 of 2025 and, thereafter, he has been made accused in 8 other cases, which have been explained in para 61 to the affidavit filed in support of the bail application. The applicant is not named in the FIR and has not been arrested from the spot. There is no allegation against the applicant that he committed cheating, forgery by making forged and fabricated documents and using them. It is next submitted that even if the entire allegation of the FIR is taken to be correct on its face value, even then no offence under the aforesaid sections is made out against the applicant. It is further submitted that co-accused namely Krishan Avtar and Akash Yadav have already been granted bail by coordinate Bench of this Court, vide orders dated 29.05.2025 and 20.05.2025 passed in Crl. Misc. Bail application Nos. 18198 of 2025 and 13443 of 2025 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. Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but submits that similarly circumstanced aforesaid co- accused has already been granted bail by this Court. 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, Onkareshwar Mishra Karan, 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. ii. 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 :- 15.7.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad