HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26583 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. List has been revised. No one appears for the first informant. Heard learned counsel for the applicant, Shri Yagvalk Pandey, learned AGA 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, Shivam, seeking enlargement on bail in Case Crime No. 439 of 2025, under Sections 105, 115 (2), 352, 3 (5) of the Bharatiya Nyaya Sanhita, 2023, Police Station Kotwali Dehat, District Bulandsahar during the pendency of the trial before the Court below. 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 22.6.2025. Learned counsel for the applicant submits that FIR has been lodged against three persons with general allegation. In the FIR, applicant has been assigned role of giving danda blow on the back of deceased. However, in the post mortem report, no such injuries was reported to be found. 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, Versus Counsel for Applicant(s) : Aditya Vardhan Singh, Durga Prasad Tiwari, Shrawan Kumar Pandey Counsel for Opposite Party(s) : Chandra Prakash Singh, G.A. Shivam .....Applicant(s) State of U.P. .....Opposite Party(s) 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, Shivam, 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 23, 2025 Ravi Prakash BAIL No. 26583 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad