Neutral Citation No. - 2025:AHC:27608 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38616 of 2024 Applicant :- Aniket Kesarwani Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh,Atul Kumar Srivastava,Bhupendra Kumar Srivastava,Whaquar Ahmad Counsel for Opposite Party :- G.A.,Sandeep Kumar Pathak Hon'ble Ashutosh Srivastava,J. Heard Sri Akhilesh, learned counsel for the applicant, Sri Yagvalkya Pandey, learned AGA for the State-Respondent and perused the record. This bail application under Section 483 of B.N.S.S. has been moved on behalf of accused-applicant, Aniket Kesarwani, seeking enlargement on bail in Case Crime No. 199 of 2024, under Sections 309(4), 317(2) and 61(2) of B.N.S., Police Station Cantt., District Prayagraj. 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 submits that the applicant is not named in the FIR and he has been implicated due to ulterior motive. He further submits that the employee of Narayan Medical Agency and he had not been paid his remuneration since last six months. When the applicant asked for payment of his dues, the owner of the Narayan Medical Agency implicated him with the help of the Police in a false and concocted story. The allegation of robbing of Rs. 90,000/- is totally false and the applicant has no connection in the alleged offence. No money has been recovered from the possession of the applicant. There is no independent witness of the alleged incident. He submits that in the present case, charge-sheet has been filed and the applicant is not required any custodial interrogation. It is further submitted that on the similar footing the co-accused Krishna, Arbaj and Fazal have already been granted bail by this Court vide order dated 09.01.2025, 13.02.2025 and 13.02.2025 passed in Criminal Misc. Bail Application Nos. 41259 of 2024, 45861 of 2024 and 46949 of 2024, therefore, applicant is also entitled to be released on bail. The applicant is languishing in jail since 25.09.2024. The applicant 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, the bail has been prayed for. Learned counsel for the AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. 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, Aniket Kesarwani, 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. Order Date :- 27.2.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad