Neutral Citation No. - 2025:AHC:28746 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45489 of 2024 Applicant :- Makkhan Opposite Party :- State of U.P. Counsel for Applicant :- Prayogendra Pal Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Counter affidavit has been filed by learned A.G.A., today in the Court, which is taken on record. 2. Heard Shri Prayogendra Pal Singh along with Shri Sunil Kumar Mishra, learned counsels for the applicant, Shri Purushottam Maurya, 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, Makkhan, seeking enlargement on bail in Case Crime No. 350 of 2024, under Sections 323, 342, 307, 34 of the Indian Penal Code, Police Station Jahangirabad, District -Bulandshahar. 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 8.11.2024; first informant is a drinker and alleged F.I.R. has been lodged by the first informant after manipulation, which is clear from the statement of victim-Kaushal; as per medical report of the injured, no grievous injury found on his person; 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. Co- accused namely Love Kush has already been granted bail vide order dated 24.02.2025 passed by this Court in Crl. Misc. Bail Application No. 46247 of 2024. Hence, bail has been prayed for. 5. Learned AGA has 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, Makkhan, 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 :- 28.2.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad