Neutral Citation No. - 2025:AHC:26819 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1069 of 2025 Applicant :- Vishwanath Sahani Alias Tafi Opposite Party :- State of U.P. Counsel for Applicant :- Hari Narayan Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed on behalf of applicant in the Court today is taken on record. Heard Shri Hari Narayan Singh, learned counsel for the applicant, Shri S.K. Rai, learned AGA-1 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, Vishwanath Sahani Alias Tafi, seeking enlargement on bail in Case Crime No. 720 of 2024, under sections 109, 191(2), 115(2), 126(2), 118(1), 3(5) B.N.S., P.S. Ramgarhtal, District- Gorakhpur. As per prosecution case the named accused Vishal Nishad along with 4-5 unknown persons after stopping the motorcycle of informant attacked him and Pradeep with knife, causing stab wound injuries to them. Learned counsel for the applicant argued that the applicant is innocent. The applicant was not named in the first information report. His name came into light in the present case during investigation. He next submits that as per allegation of the FIR only general role has been assigned to all the accused persons. No specific role has been attributed to the applicant. He also submits that no incriminating article or material has been recovered either from the applicant or on his pointing out. The alleged recovery of knife which is shown from the applicant is planted one as there is no public witness of the alleged recovery. He also submits that the injured in his statement has assigned the role of causing knife injury to co-accused Sonu Nishad and Abhishek and hence the role of the applicant is clearly distinguishable to that of co-accused. He further submits that the applicant has been falsely implicated in this very case crime number and is languishing in jail since 13.12.2024. Learned counsel for the applicant lastly 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. Learned AGA has vehemently opposed the prayer for bail. Having heard and gone through materials placed on record, it is apparent that the applicant was not named in the F.I.R and only general allegation has been against all the accused persons. No specific role has been assigned to the applicant. 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, Vishwanath Sahani Alias Tafi, 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 :- 24.2.2025 Faridul Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad