Neutral Citation No. - 2025:AHC:115992 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22938 of 2025 Applicant :- Onkareshwar Mishra Karan Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Sunil Kumar, learned counsel for the applicant and Sri Purshottam Maurya, learned AGA for the State. The instant bail application has been filed seeking release of the applicant-Onkareshwar Mishra Karan, on bail in Case Crime No. 153 of 2025, under Sections 318 (4), 338, 336 (3), 340 (2), 111 (2) (Kha), B.N.S. Police Station-Bahjoi, District-Sambhal, during pendency of the trial. Learned counsel for the applicant submits that the applicant is innocent. He has been falsely implicated in the present case and is languishing in jail since 26.05.2025. First Information Report was lodged on 01.05.2025 by Sub Inspector Satendra Kumar, posted in Police station Bahjoi, District-Sambhal, against five named accused persons including the applicant with the allegation that on a secret information of the informer regarding presence of some members of a gang involved in getting forged insurance are present with some documents the police has raided the place and arrested one Sonu and in his confessional statement the name of the applicant has been surfaced. Learned counsel for the applicant submits that neither the applicant was arrested on spot nor any incriminating article has been recovered from his possession or on his pointing out. He further submits that on the date of registration of the First Information Report i.e. 01.05.2025 the applicant was already in jail in other case. Learned counsel for the applicant further submits that no case under Section 111 BNS is made out against the applicant. Criminal history of ten cases including the present one has been explained in paragraph no. 54 of the affidavit filed in support of bail application 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. Per contra, learned AGA vehemently opposed the prayer for bail but could not dispute the argument on facts advanced 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, Onkareshwar Mishra Karan, 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 :- 17.7.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad