Neutral Citation No. - 2025:AHC:27462 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43488 of 2024 Applicant :- Pinkul Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Sharma,Prashant Sharma Counsel for Opposite Party :- G.A.,Pradeep Kumar,Vinkesh Ojha Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Shri Pradeep Kumar, learned counsel for the first informant, Shri Yagyavalk Pandey, learned AGA for the State-respondents and perused the record. 3. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Pinkul Kumar, seeking enlargement on bail in Case Crime No. 194 of 2024, under Sections 147, 148, 149, 323, 307 of the Indian Penal Code, Police Station Rahra, District Amroha. 4. 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 14.06.2024; F.I.R. has been lodged against four named accused persons and applicant is not named in the F.I.R. name of the applicant came into existence after one day of the alleged incident; as per statement of injured, no specific role has been assigned to the applicant; one axe has been shown to be recovered from the possession of the applicant, which is a planted recovery by the police; 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. Hence, bail has been prayed for. 5. Learned counsel for the first informant and learned AGA have vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Pinkul Kumar, 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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 :- 27.2.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad