Neutral Citation No. - 2025:AHC:103720 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22933 of 2025 Applicant :- Deepu Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Chandra Prakash Singh, learned counsel for the applicant, Sri Rajesh Kumar Singh, 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. 91 of 2025, under Sections 191(1), 191(2), 103(1), 352 of the Bharatiya Nyaya Sanhita, 2023, Police Station Karchhana, District Prayagraj. 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 a general role has been assigned to the applicant in the FIR. He further submits that nothing incriminating material has been recovered from the possession of the applicant. The weapon used in the aforesaid crime has been recovered from the possession of one of the co-accused Karan Nishad. He further submits that the applicant has not been identified as a principal offender, who inflicted the fatal injury to the deceased. The role of the applicant is distinguishable from the principal offender Karan Nishad. The role of assaulting the victim has been assigned to other co-accused Karan Nishad. The applicant is languishing in jail since 19.03.2025. 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. It is further submitted that on the similar footing the co-accused Badal Nishad has been granted bail by this Court vide order dated 06.06.2025 passed in Criminal Misc. Bail Application No. 19820 of 2025, therefore, applicant is also entitled to be released 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, Deepu Nishad, 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 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad