HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25705 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Counter affidavit filed by Shri K. N. Mishra, learned counsel for the first informant is taken on record. Learned counsel for the applicant submits that he does not wish to file any rejoinder affidavit to the said counter affidavit. Heard Shri Manvendra Narain Pathak, learned counsel for the applicant, Shri Vijendra Singh, learned AGA for the State, Shri K. N. Mishra, learned counsel for the first informant and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Deepak Maddheshiya Alias Tamatar, seeking enlargement on bail in Case Crime No. 214 of 2024, under Sections 103 (1), 61 (2) (A) of the Bharatiya Nyaya Sanhita, 2023 , Police Station Bankata, District Deoria. 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 17.11.2024. Learned counsel for the applicant submits that applicant was not Versus Counsel for Applicant(s) : Manvendra Narain Pathak, R.K.Paramhans Singh Counsel for Opposite Party(s) : G.A., Kedar Nath Mishra Deepak Maddheshiya Alias Tamatar .....Applicant(s) State of U.P. .....Opposite Party(s) named in the FIR. In the FIR, there is no allegation against the applicant. The FIR version as well as statement of first informant recorded under Section 180 of BNSS does not corroborate with each other. The first informant at different places is changing his version. Name of applicant surfaced on record only on the statement of Mukhbir Khass. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tam pering with evidence in case of release on bail. Hence, bail has be en prayed for. Learned AGA as well as learned counsel for the first informant have vehemently opposed the prayer for bail. Learned counsel for the first informant submits that applicant is an active member of a criminal gang. The other members of the applicant's gang has threatened witness of the present case, namely, Shubham Mishra, and in this regard a Case Crime No. 23 of 2025, under Sections 351 (3), 351 (4) of BNS has been lodged at Police Station Bankata, District Deoria. 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, Deepak Maddheshiya Alias Tamatar, 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. BAIL No. 25705 of 2025 2 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 9, 2025 Ravi Prakash BAIL No. 25705 of 2025 3 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad