1. Heard learned counsel for the applicant and Shri Yagyavalka Pandey, 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 accusedapplicant, Rakesh Patel, seeking enlargement on bail in Case Crime No. 665 of 2024, under Section 109 (1) of the Bharatiya Nyaya Sanhita, 2023, Police Station-Naini, District-Prayagraj.

3. Learned counsel for the applicant argued that the accusedapplicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 11.11.2024. Learned counsel for the applicant submits that First Information Report dated 10.11.2024 has been lodged by the first informant with the allegation that on hue and cry of a women his brother Mahesh Patel reached at the place of incident and saw that the applicant was assaulting one Renu Pandey by surgical blade, when he tried to save her the applicant assaulted Mahesh Patel by surgical blade. Learned counsel for the applicant submits that the injured Mahesh Patel in his statement has reiterated the version of the First Information Report, whereas, the victim Renu Pandey, in her statement has stated the time of incident as 9.00 p.m. and there is contradiction in the statement of both the victims. Learned counsel for the applicant further submits that the real fact is that the injured Renu Pandey, has invited the applicant for dinner and when the applicant reached there Mahesh Patel and some other persons assaulted the applicant and the applicant has informed the police on dial 112 but the police has arrested the applicant. He further submits that for the aforesaid offence the wife of the applicant has moved an application under Section 174 (1) of B.N.S.S. and on which the First Information Report has been lodged as Case crime No. 101 of 2025. 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.

4. Learned AGA has vehemently opposed the prayer for bail.

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, Rakesh Patel, 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.

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.