Neutral Citation No. - 2025:AHC:29786 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44697 of 2024 Applicant :- Haider Ali Opposite Party :- State of U.P. Counsel for Applicant :- Kuldeep Kumar Gupta Counsel for Opposite Party :- G.A.,Shravan Kumar Pandey,Shyam Narain Pandey Hon'ble Ashutosh Srivastava,J. Heard Shri Kuldeep Kumar Gupta, learned counsel for the applicant, learned counsel for the first informant and Shri Yagyaval Pandey, 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, Haider Ali, seeking enlargement on bail in Case Crime No. 198 of 2024, under Sections 147, 352, 323, 324, 307, 504, 506 of the Indian Penal Code, Police Station - Chakeri, District Kanpur Nagar. 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 21.10.2024. Learned counsel for the applicant submits that the applicant has not been assigned the role of principal accused and in the incident dated 01.04.2024, both sides received injuries. This is a case of old enmity between both the parties. The statement of first informant recorded under Section 161 Cr.P.C. is different from the version of the First Information Report. He further submits that similarly placed other co-accused Rakesh Yadav has already been enlarged on bail by this Court, vide order dated 23.10.2024 passed in Criminal Misc. Bail Application No. 35938 of 2024. He also submits that since the role of the applicant is identical to that of co- accused, hence he is also entitled to be enlarged on bail on the ground of parity. 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. Learned counsel for the informant as well as learned AGA has vehemently opposed the prayer for bail, 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, Haider Ali, 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. 5. The applicant shall not leave the country without the previous permission of the Court and if he has passport, the same shall be deposited by him before 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 :- 3.3.2025 Md Faisal Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad