Neutral Citation No. - 2025:AHC:6276 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42637 of 2024 Applicant :- Sunil Khadaga Opposite Party :- State of U.P. Counsel for Applicant :- Atul Kumar Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Atul Kumar Kushwaha, learned counsel for the applicant and Shri Manoj Kumar Singh, learned AGA for the State-respondents and perused the record. This bail application under Section 439 Cr.P.C., has been moved on behalf of accused-applicant, Sunil Khadaga, seeking enlargement on bail in Case Crime No. 259 of 2024 under Sections 307, 414, 420, 467, 471 I.P.c. and section 3/25/27 of Arms Act, Police Station-Nai Mandi, District-Muzaffarnagar. Learned counsel for the applicant argued that the accused- applicant is innocent. He is languishing in jail since 21.06.2024. He has been falsely implicated in this very case crime number. First Information Report has been lodged on 21.06.2024 against the applicant and other accused persons with regard to an incident taken place on 20.06.2024. The applicant was not arrested from the spot. The alleged recovery of country made pistol, money and some other articles are planted one. After lodging the present first informant report the applicant has been falsely implicated in two other cases mentioned in paragraph no. 9 of the affidavit filed in support of bail application and in both the cases the applicant is on bail. There is no independent witness of the alleged recovery, 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. Learned AGA has vehemently opposed, but could not dispute the aforesaid facts. 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, Sunil Khadaga, 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 :- 15.1.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad