Neutral Citation No. - 2025:AHC:145324 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25927 of 2025 Applicant :- Akhilesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Aryan Srivastava,Prakash Chandra Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Prakash Chandra Srivastava, learned counsel for the applicant, Shri Ajay Singh, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Akhilesh Kumar, seeking enlargement on bail in Case Crime No. 06 of 2025, under Sections 319 (2) and 336 (3) of the Bharatiya Nyaya Sanhita, 2023, Police Station Lanka, District Varanasi. 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 7.1.2025. Learned counsel for the applicant submits that in the present case crime number i.e. Case Crime No. 06 of 2025, under Sections 318 (4), 319 (3), 336 (2), 338, 340 (2), 61 (2) BNS-2023 and Sections 4/13, 7/13 Uttar Pradesh Public Examination (Prevention of Unfair Means) Act, 2024, applicant was earlier enlarged on bail on 28.5.2025 by this Court in Crl. Misc. Bail Application No. 17607 of 2025. Learned counsel for the applicant submits that Section 7/13 of the Uttar Pradesh Public Examination (Prevention of Unfair Means) Act, 2024 has been deleted by Investigating Officer during investigation, so far applicant is concerned and Section 336 (3) of BNS has been added in place of Section 336 (2) BNS. Learned counsel for the applicant further submits that before the Court below, bail application was moved under Section 313 (3) of BNS in place of Section 319 (2) of BNS and Section 336 (3) BNS, but the same was rejected by the Court below vide order dated 7.7.2025. 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. Learned AGA has vehemently opposed the prayer for bail. 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, Akhilesh Kumar, 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 :- 20.8.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad