HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27854 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. 1. Heard Shri Karunesh Pratap Singh, learned counsel for the applicant, Shri Sheikh Obaidullah, learned counsel holding brief of Sri Jeetendra Kesharwani, learned counsel for the informant, Shri Vijendra Kumar, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Mehnat Husain, seeking enlargement on bail in Case Crime No. 19 of 2025, under Sections 191(2), 191(3), 190, 126(2), 109, 103(1), 115(2), 352, 351(3) of the Bharatiya Nyaya Sanhita, 2023 and Section 7 of Criminal Law Amendment Act, 1932, Police Station- Gola, District- Gorakhpur. 3. 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 27.01.2025. Learned counsel for the applicant submits that similarly circumstanced co-accused, Imtiyaz Ali Alias Intzar Ali and Sahadat Husain have already been enlarged on bail by this Court on 22.07.2025 and 22.07.2025 in Criminal Misc. Bail Application Versus Counsel for Applicant(s) : Amit Kumar Yadav, Karunesh Pratap Singh Counsel for Opposite Party(s) : G.A., Jeetendra Kesharwani Mehnat Husain .....Applicant(s) State of U.P. .....Opposite Party(s) No. 18768 of 2025 and 17537 of 2025, respectively, hence the applicant is also entitled for bail on the ground of parity for the reasons given in bail application of co-accused. Learned counsel for the applicant further submits that in the statement of the eye- witness Tare Hussain, role of causing sword injury has been assigned to the applicant and co-accused Naushad upon the injured Imtiaz and not the deceased Kurban Ali. The said statements have been recorded after one month of the incident and do not inspire confidence. The 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. 4. Per contra, learned A.G.A. as well as learned counsel for the first informant have vehemently opposed the prayer for bail by submitting that the eye-witness, namely Tare Hussain in his statements has specifically assigned the role of causing sword injury to the head of Imtiaz to one Naushad and the applicant. Injured Imtiaz has also said that applicant along with other co- accused namely Naushad had assaulted him with the sword, due to which his head split up. 5. 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Mehnat Husain, 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. BAIL No. 27854 of 2025 2 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. 8. 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. 27854 of 2025 3 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad