Neutral Citation No. - 2025:AHC:111167 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23788 of 2025 Applicant :- Himanshu Singh Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Prakash Misra,Sushil Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Sri Puneet Kumar Singh, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Himanshu Singh, seeking enlargement on bail in Case Crime No. 230 of 2025, under Section 103 (1), 126 (2), 191 (2), 61 (2) 3 (5) BNS, Police Station- Sahajanwa, District- Gorakhpur. The bail application of the applicant in the court below was rejected by the learned Sessions Judge, Gorakhpur, vide order dated 04.06.2025 and the applicant is languishing in jail since 29.04.2025. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number. Learned counsel for the applicant submits that the informant is not an eye witness of the alleged incident but her son Priyanshu alleged to be eye witness of the alleged incident and on asking of the same the FIR has been lodged by the informant. The applicant is not named in the FIR. The name of the applicant has surfaced during course of investigation in the statement of informant. No source of light was mentioned in the FIR. No identification parade were made by prosecution for identification of applicant. As per the statement recorded under Section 180 BNSS, the informant and other eye witnesses have stated that 5 accused persons assaulted the deceased and as per the post mortem report of the deceased, the deceased has sustained only three injuries out of 2 lacerated wound and one multiple abrasion, it could not be said that the injury sustained by the deceased were caused by whom three accused persons. Neither the prosecution story nor the post mortem report corroborated to each other and the applicant has no motive for committing murder of the deceased. It is further submitted that similarly placed co-accused Ritesh Yadav has already been enlarged on bail of by coordinate Bench of this Court by order dated 20.06.2025 passed in Criminal Misc. Bail Application No. 20555 of 2025, copy of the bail order has been annexed as Annexure-10 of the bail application. He further submitted that since the role of the applicant is identical to that of co-accused, Ritesh Yadav, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. He 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. Hence, bail has been prayed for. 4. Learned AGA has vehemently opposed the prayer for bail. 5. 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Himanshu 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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. 8. 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 :- 10.7.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad