Neutral Citation No. - 2025:AHC:40961 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1968 of 2025 Applicant :- Abhishek Chauhan Alias Abhi Opposite Party :- State of U.P. Counsel for Applicant :- Dalvir Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, Sri Anil Kumar Singh, learned AGA for the State-Respondent and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Nandan @ Kaushlendra, seeking enlargement on bail in Case Crime No. 605 of 2024, under Sections 191(2), 191(3), 109(1) of the Bharatiya Nyaya Sanhita, 2023, Police Station- Kotwali, District- Mainpuri. 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 14.10.2024. The applicant has criminal antecedent of one case which has been duly explained in para 29 of the supplementary affidavit and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that though the applicant is named in the FIR, but no specific allegation of causing injury has been assigned to the applicant. The applicant himself had gone to the hospital (place of incident) for treatment. There is no independent witness of the incident. In the statement of the injured recorded under Section 180 B.N.S.S., only general role has been assigned to the applicant. It is further submitted that on the similar footing the co-accused Nandan @ Kaushalendra has been granted bail by this Court vide order dated13.12.2024 passed in Criminal Misc. Bail Application No. 42753 of 2024, therefore, applicant is also entitled to be released on bail. The applicant had applied for bail before the court of Sessions Judge, Mainpuri, but the same was rejected vide order dated 06.11.2024. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. 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, Abhishek Chauhan Alias Abhi, 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 :- 20.3.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad