HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 12671 of 2026 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard learned counsel for the applicant, Sri Shashi Prakash Rai, learned State Law Officer for the State-Respondent and perused the record. This bail application has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 11 of 2026, under Sections 309(6), 317(2), 317(4), 317(5), 3(5) of the B.N.S., Police Station Sihanigate, District Ghaziabad. Learned counsel for the applicant argued that the accused-applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant further submits that the FIR has been registered against one unknown person and the applicant is not named in the FIR. He submits that the name of the applicant was surfaced in the confessional statement of the co- accused. He submits that from the victim one Mobile Phone being OPPO A5X 4G (4/64), IMEI 861026082406896 was also looted at the time of incident. He submits that the Police has shown recovery of one Mobile Phone A5X, 5G Midnight Blue, IMEI No. 8610260824068896 and 861026082406888, from the possession of the applicant. He submits that the IMEI Number of looted mobile number and recovered from the possession of the applicant are different, which falsify the involvement of the applicant. He submits that there is no independent witness of the alleged incident. He Versus Counsel for Applicant(s) : Gyanendra Prasad Mahant Counsel for Opposite Party(s) : G.A. Sonu .....Applicant(s) State of U.P. .....Opposite Party(s) submits that in the present case, charge-sheet has been filed on 09.03.2026, as such the applicant is not required for any custodial interrogation. He submits that no specific role and motive has been assigned to the applicant in the present case. He submits that the role of assaulting the victim has been assigned to other co-accused Veer @ Kallu @ Ballu. The applicant is languishing in jail since 08.01.2026. He submits that the applicant has criminal antecedents of five other cases to his credit which has been explained in the affidavit filed in support of the bail application as well as in the supplementary affidavit. He submits that there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the bail has been prayed for. Learned counsel for the AGA has vehemently opposed, but could not dispute the aforesaid fact raised by learned counsel for the applicant. Considering all those 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, Sonu, 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. BAIL No. 12671 of 2026 2 In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. May 7, 2026 pks BAIL No. 12671 of 2026 3 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad