Neutral Citation No. - 2025:AHC:13755 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36617 of 2024 Applicant :- Birendra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ambleshwar Pandey,Anuj Srivastava,Ashutosh Kumar Pal Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Rejoinder affidavit to the counter affidavit filed by the learned A.G.A. for the State is taken on record. 2. Heard counsel for the applicant and Sri V.P. Tripathi, learned A.G.A. for the State-respondent. 3. The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 58 of 2024 under Sections 420, 197, 467, 468, 471 of I.P.C., Police Station- Sumerpur, District- Hamirpur, during pendency of the trial. 4 .Counsel for the applicant submits that the applicant has been falsely implicated in the present case. At this stage, there is no credible evidence to demonstrate that any amount was paid in cash to the applicant. It is further contended that no amount has been credited in the account of the applicant. The applicant is not a beneficiary of the illicit transaction. Even the date and time of the alleged payment to the applicant has not been stated in the entire case diary. The applicant is in jail since 06.07.2024, having no criminal history and in case he is enlarged on bail, he will not misuse the said liberty. 5. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having heard counsel for the parties and having perused the record, this Court prima facie finds that at this stage, there is no credible evidence to demonstrate that any amount was paid in cash to the applicant. Further, the applicant has no criminal antecedents and has remained confined for almost six months and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 7. Let the applicant- Birendra Kumar, involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not temper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; and, iii. the applicant shall appear on each and every date fixed by the trial court. 8. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 27.1.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad