Neutral Citation No. - 2025:AHC:103294 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21099 of 2025 Applicant :- Dinesh Kumar Alias Sadhu Opposite Party :- State of U.P. Counsel for Applicant :- Narendra Shanker,Sanjay Pathak Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed today is taken on record. Heard Shri Sanjay Pathak, learned counsel for the applicant and Shri Purshottam Maurya, learned A.G.A. representing the State respondents. This bail application under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Dinesh Kumar @ Sadhu, seeking enlargement on bail in Case Crime No. 464 of 2024, under Sections-191 (2), 191 (3), 352, 115 (2), 103 (1) of B.N.S., Police Station-Jhunsi, District- Prayagraj. 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 13.11.2024. First Information report has been lodged by the informant with the allegation that on the date of incident all the accused persons including the applicant have severely beaten the first informant, his two sons namely Aditya Verma, Arya Verma and his wife by Rod, Banka, Lathi Danda and sharped edged weapons. Thereafter all the injured were taken to Bani Kotwa, Health Centre, where the injured Aditya Verma, was declared dead and treatment of other injured were going on. Learned counsel for the applicant further submits that in the Post Mortem Report the cause of death of the deceased has been shown as anti mortem head injury. Learned counsel for the applicant further submits that in the First Information Report only general allegations have been levelled against all the accused persons including the applicant. First Informant in his statement has assigned the role of giving blow of Danda over the head of the deceased to co- accused Vimlesh Verma and general role has been assigned to all other accused persons. Mother of the deceased has also reiterated the version of the first informant in her statement. Learned counsel for the applicant further submits that specific role of assault by Danda, over the head of the deceased, has been assigned to Vimlesh Verma. No specific role has been has been assigned to the applicant. Learned counsel for the applicant submits that the applicant has no criminal antecedents. Learned A.G.A. on previous occassion has pointed out criminal history of one case against the applicant, which has not related to the applicant, and the same has been explained in the supplementary affidavit filed today, 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, but could not dispute the fact that no specific role has been assigned to any of 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-applicants, Dinesh Kumar @ Sadhu, 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 :- 3.7.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad