Neutral Citation No. - 2025:AHC:111297 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22315 of 2025 Applicant :- Ram Abhilash Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Kumar Yadav,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Prem Prakash Yadav, learned Senior Counsel assisted by Shri Abhishek Kumar, learned counsel for the applicant, Shri Vijendra Singh, learned AGA 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, Ram Abhilash Yadav, seeking enlargement on bail in Case Crime No. 239 of 2024, under Sections 191 (2), 191 (3), 190, 351 (3), 352, 109 (1), 115 (2), 324 (2), 103 (1) of the Bharatiya Nyaya Sanhita, 2023, Police Station Utraon, District Prayagraj. Learned Senior 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 20.1.2025. Learned Senior Counsel for the applicant submits that applicant is an old aged person of 80 years age. Omnibus allegations have been levelled against the applicant and co-accused persons in the FIR. There is no explanation of punctured wound received on the person of deceased Pawan Kumar and size of punctured wound have also not been described in the post mortem report. The incident dated 31.10.2024 is alleged to have occurred at 8:00 PM. It was a dark night and no artificial source of light has been mentioned. The immediate cause of death with regard to deceased Pawan has been mentioned as "Coma" whereas with regard to deceased Jitendra Prasad Dubey has been mentioned as "Cardiac Arrest". Deceased Jitendra Prasad died after four days of the alleged incident and also after discharge from the hospital. Learned Senior Counsel also submits that in the aforesaid scuffle, four persons from the side of applicant have also received serious injuries on their person. Learned Senior Counsel also submits that in the FIR version false avernment with regard to vandalizing the shop has been made inasmuch as the Investigating Officer failed to collect any evidence or material from the spot during investigation in that regard. Right of private defense to protect body and property has been exercised by the applicant. He has one case of criminal history, which has sufficiently been explained 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. 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, Ram Abhilash Yadav , 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 :- 11.7.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad