HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 21382 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Sri Devendra Kumar Tiwari, learned counsel for the applicant, Sri Anurag Kumar, learned counsel for the first informant, 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. 451 of 2024, under Sections 191(2), 191(3), 190, 103(1), 61(2)(A), 352, 351(3), 333 of the Bharatiya Nyaya Sanhita, 2023, Police Station Badlapur, District Jaunpur. 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 at the time of alleged incident, the applicant was present in the shop of his uncle Anand Singh, which is far away from the place of incident, which is clear from the CCTV Footage but the same has not been made part of the case diary. He further submits that nothing incriminating material has been recovered from the possession of the applicant. He further submits that in the FIR, the first informant had mentioned the time of occurrence as 3:00 PM but when she felt that she was present in the office of India Bank, Branch Badlapur, District Jaunpur from 02:42 PM to 03:19 PM when she changed the time of incident as 02:25 PM, which makes the entire prosecution story doubtful. He further submits that in the present case the applicant has been falsely implicated due to political rivalry and village party politics because the wife of the applicant is the elected Sabhasad of Nagar Panchayat, Badlapur, District Jaunpur in which the family members of the deceased were Versus Counsel for Applicant(s) : Devendra Kumar Tiwari, Sameer Srivastava, Surya Pratap Singh Parmar Counsel for Opposite Party(s) : Anurag Kumar, G.A., Harsh Mishra Vivek Singh Alias Mohit Singh .....Applicant(s) State of U.P. .....Opposite Party(s) supporter of other contesting candidate. He further submits that here is no independent witness of the alleged incident. He submits that the first informant in his second statement recorded on 01.12.2024 has specifically stated that she has no knowledge about the involvement of Shiv Shankar Singh Om and Mohit Singh (applicant). After the second statement of first informant, the Investigating Officer omitted the name of Shiv Shankar Singh Om from the array of accused persons but proceeded with the investigation against the applicant. He further submits that one of the eye witness namely Vijay Kumar Singh in his statement has denied the involvement of the applicant in the present case. There is variation in the statement of the witness recorded by the Investigating Officer, which belies the prosecution story. He submits that in the present case, charge-sheet has been filed and the applicant is not required any custodial interrogation. He further submits that no specific role and motive has been assigned to the applicant in the present case. The applicant is languishing in jail since 18.04.2025. The applicant has criminal antecedents of two cases which has been explained in the affidavit filed in support of the bail application. He further submits that 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,Vivek Singh Alias Mohit Singh, 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 BAIL No. 21382 of 2025 2 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. August 25, 2025 pks BAIL No. 21382 of 2025 3 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad