HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33280 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Ms. Priya Chand under the authority of Shri Nanhe Lal Tripathi, learned counsel for the applicant, Shri Rajesh 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, Ashish Vanshkar, seeking enlargement on bail in Case Crime No. 628 of 2025, under Sections 70 (1), 318 (4), 316 (2), 351 (3) of the Bharatiya Nyaya Sanhita, 2023, Police Station Kotwali Lalitpur, District Lalitpur 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 24.7.2025. Learned counsel for the applicant submits that applicant was not named in the FIR. His name surfaced on record on the basis of confessional statement of co-accused Ram Naresh Vishwakarma, who is an handicapped person. Co-accused Ram Naresh Vishwakarma in his confessional statement said that "Due to disability, he cannot ride the motorcycle, so applicant, who belongs to his village, would drop him at the lodge on his motorcycle and leave. Applicant did not stay with the co-accused at the lodge and nor established physical relation with the victim." 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. Versus Counsel for Applicant(s) : Nanhe Lal Tripathi Counsel for Opposite Party(s) : G.A. Ashish Vanshkar .....Applicant(s) State of U.P. .....Opposite Party(s) Learned AGA has vehemently opposed the prayer for bail. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Ashish Vanshkar, 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 25, 2025 Ravi Prakash BAIL No. 33280 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad