HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31188 of 2025 Court No. - 65 HON'BLE SANJAY KUMAR SINGH, J. Heard learned counsel for the applicant and learned Additional Government Advocate representing the State. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 299 of 2025, under Sections 281, 105, 352 B.N.S., 2023, Police Station Chaubepur, District Varanasi, during the pendency of trial. It is argued by learned counsel for the applicant that on 26.04.2024 Udal who is brother of the deceased gave an information to the police about the road accident of his brother Sunil at 12.11 O'clock. On the said information police reached at the spot and inquest proceeding of deceased Sunil was conducted on 26.04.2025 and thereafter his dead body was sent for post mortem, which was also conducted on the same day i.e. 26.04.2025. As per post mortem report, six injuries were found on the body of the deceased Sunil, out of which four injuries are in the nature of grazed abrasion and two injuries are in the nature of lacerated wound. After 17 days one Jagdish, who claims himself to be injured in the said incident, got a first information report on 13.05.2025 with regard to the incident dated 26.04.2025 for the offence under Sections 281, 105, 352 of B.N.S. against one unknown person. Complicity of the applicant came into light after about three months on 30.07.2025 on the basis of information received by the informer and it is the case of the prosecution that on the said information applicant apprehended on 30.07.2025, but no Versus Counsel for Applicant(s) : Lakshman Tripathi, Suryansh Pandey Counsel for Opposite Party(s) : G.A. Abhishek Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) incriminating material has been recovered from his possession and thereafter he has been falsely implicated in the present case being Case Crime No. 299 of 2025. Much emphasis has been given by contending that except the confessional statement of the applicant, there is no credible evidence against the applicant to connect him with the present case. Lastly, it is submitted that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 30.07.2025 having no criminal antecedent and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case. Per contra, learned Additional Government Advocate for the State opposed the prayer for bail of the applicant but could not dispute the above factual aspect of the matter as argued on behalf of the applicant. Having heard learned counsel for the parties and examined the matter in its entirety, I find that there is no direct evidence against the applicant. Considering the overall facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, this Court is of the view that prima facie, the applicant has made out a case for bail. Hence, the bail application is hereby allowed. Let the applicant-Abhishek Kumar, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions: (i) That the applicant shall cooperate with the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. BAIL No. 31188 of 2025 2 (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. It is made clear that the observations contained in the instant order are confined to the issue of bail only and shall not affect the merit of the trial. September 18, 2025 Kashifa BAIL No. 31188 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- KASHIFA High Court of Judicature at Allahabad