Neutral Citation No. - 2025:AHC:60253 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2314 of 2025 Applicant :- Bhura Opposite Party :- State of U.P. Counsel for Applicant :- Anita Singh,Kumari Poonam Rajpoot,Nirmla Kumari,Prem Babu Verma Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Bhura, seeking enlargement on bail in Case Crime No. 266 of 2013, under Sections 147, 148, 149, 307, 332, 353, 427, 336, 404 IPC and Section 7 Criminal Law Amendment Act, Police Station Kagaraul, District Agra. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 22.12.2024. 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. Learned counsel for the applicant submits that without completing proper investigation, charge sheet dated 04.12.2013 and supplementary charge sheet dated 03.11.2014 have been submitted by the investigating officer and the court below took cognizance, but no summon has been served to the applicant and without service of summon, the applicant was arrested by the police on 22.12.2024. It is next submitted that some co-accused persons have been enlarged on bail this Court. It is submitted that except surmises and conjectures, there is no cogent evidence against the applicant to show that the applicant indulged in the incident. It is next submitted that the applicant is a tempo driver and he drive the tempo on hire in Agra, but local police illegally demanded Rs. 500/- per week from the applicant and when he refused the same, the police has been falsely implicated the applicant in the present case. Hence, bail has been prayed for. 5. Learned AGA as well as learned counsel for the informant have vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Bhura, 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. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 21.4.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad