HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25620 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Veer Pratap Singh, learned counsel, under the authority of Shri Rajat Agarwal, learned counsel for the applicant and Shri Arimardan Yadav, learned A.G.A. for the State and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Tasabbar, seeking enlargement on bail in Case Crime No. 75 of 2025, under sections 115 (2), 352, 110, 105, 3 (5), 351 (3) of BNS, Police Station-Bisharatganj, District-Bareilly. 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 18.04.2025. Learned counsel for the applicant submits that a First Information Report was lodged on 08.04.2025, by the first informant, against the applicant and his two brothers, with the allegation that father and brother of the first informant namely Ummaid Khan and Shahnawaj Khan, respectively, gone to Behta crossing where all the accused persons, including the applicant, has severely beaten them by lathi Danda and during treatment, Ummaid Khan died. He further submits that in the post mortem report, the cause of death of the deceased has been opined as Shock and Coma. Learned counsel for the applicant submits that there is contradiction in the statement of the witnesses. He further submits that the main role has been assigned to co- accused Rahees Khan. Learned counsel for the applicant submits that no specific role has been assigned to the applicant. 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. Hence, bail has been prayed for. Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but could not dispute the aforesaid facts. Versus Counsel for Applicant(s) : Brij Raj Singh, Rajat Agarwal Counsel for Opposite Party(s) : G.A., Mohd Faiz Tasabbar .....Applicant(s) State of U.P. .....Opposite Party(s) 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, Tasabbar, 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. September 15, 2025 Deepak/ BAIL No. 25620 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad