HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29098 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. 1. Supplementary affidavit filed today, which is taken on record. 2. Heard Sri Nanhe Lal Tripathi, learned counsel for the applicant, Shri Yagyavalk Pandey, learned AGA for the State-respondents and perused the record. 3. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Heera Sahariya, seeking enlargement on bail in Case Crime No. 789 of 2024, under Sections 319 (2), 318 (4), 338, 336 (3), 340 (2), 352, 351 (3), 111 (3), 61 (2) BNS, Police Station- Katwali Lalitpur, District- Lalitpur. 4. 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 07.10.2024. It is submitted that similarly placed co-accused, Parashuram, has already been enlarged on bail of by coordinate Bench of this Court by order dated 10.12.2024 passed in Criminal Misc. Bail Application No. 45051 of 2024. He further submitted that since the role of the applicant is identical to that of co-accused, Parashuram, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. He has criminal antecedent of 4 cases, which has been explained in para 3 of the supplementary affidavit 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. Versus Counsel for Applicant(s) : Nanhe Lal Tripathi Counsel for Opposite Party(s) : G.A. Heera Sahariya .....Applicant(s) State of U.P. .....Opposite Party(s) 5. Learned AGA has vehemently opposed the prayer for bail. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Heera Sahariya 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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. 9. 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 15, 2025 v.k.updh. BAIL No. 29098 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad