HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27193 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Alok Kumar Rai, learned counsel for the applicant, Shri Manoj Kumar 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, Sagar Nishad , seeking enlargement on bail in Case Crime No. 239 of 2025, under Section s 191 (2), 191 (3), 103 (1), 3 (5) of the Bharatiya Nyaya Sanhita, 2023, Police Station Jhangha, District Gorakhpur. 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 17.5.2025. Learned counsel for the applicant submits that in the FIR as well as in the statement of first informant recorded under Section 180 of BNSS, omnibus allegations have been levelled against the applicant and co-accused persons. In the post mortem report, cause of death has been shown to be Coma due to ante mortem head injury. No specific allegation or weapon of offence has been assigned to any of the accused persons. Only two injuries are reported to be on the person of deceased. 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) : Alok Kumar Rai, Manoj Kumar Rai Counsel for Opposite Party(s) : G.A. Sagar Nishad .....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, Sagar Nishad, 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 4, 2025 Ravi Prakash BAIL No. 27193 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad