HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 39906 of 2024 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard learned counsel for the applicant, Shri Yagvalkya Pandey, learned AGA for the State-Respondent and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 235 of 2024, under Section 306 of the Bharatiya Nyaya Sanhita, 2023, Police Station Khoda, District Ghaziabad. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 01.08.2024. Learned counsel for the applicant submits that similarly circumstanced co-accused Kirti Gautam has already been enlarged on bail by the Co-ordinate Bench of this Court on 19.11.2024 in Criminal Misc. Bail Application No. 39815 of 2024. He submits that 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, bail has been prayed for. It is further submitted that on the similar footing the co-accused Manjeet Alias Toni has been granted bail by the Co- ordinate Bench of this Court vide order dated 09.09.2025 passed in Criminal Misc. Bail Application No. 22441 of 2025, therefore, the applicant is also entitled to be released on bail on the ground of parity. Per contra learned A.G.A. has opposed the prayer for bail of the applicant, Versus Counsel for Applicant(s) : Ajay Singh Yadav, Atul Srivastava, Dheeraj Singh (Bohra), Hemant Sharma, Virendra Kumar Jaiswal Counsel for Opposite Party(s) : G.A., Krishna Kant Dubey, Ram Narain, Santosh Kumar Dubey Mahesh Gautam .....Applicant(s) State of U.P. .....Opposite Party(s) but could not dispute the aforesaid fact. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Mahesh Gautam, 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. September 12, 2025 pks BAIL No. 39906 of 2024 2 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad