Neutral Citation No. - 2025:AHC:12757 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44784 of 2024 Applicant :- Avanish Alias Avanesh Opposite Party :- State of U.P. Counsel for Applicant :- Kamal Kaushal Upadhyay Counsel for Opposite Party :- G.A.,Rohit Dwivedi Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Anwar Hussain, learned counsel for the applicant, Shri Rajesh Kumar, learned AGA for the State-opposite party, Shri Rohit Dwivedi, learned counsel for the first informant and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Avanish Alias Avanesh, seeking enlargement on bail in Case Crime No. 483 of 2024, under Sections 190, 191(2), 191(3), 109, 351(3) and 115(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Iglas, District Aligarh. 3. 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 11.09.2024. He has criminal antecedent of two cases and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 4. Learned counsel for the applicant submits that no offence as alleged in the FIR has been made out against the applicant. There is delay in lodging the F.I.R. without any explanation regarding delay. No specific role has been assigned to the applicant. Neither any independent witness of the alleged incident nor any Saria has been recovered by the police from the possession of the applicant, which was used in the alleged incident. Applicant has applied for his bail before the Sessions Judge, Aligarh but the same was rejected vide order dated 22.10.2024. Learned counsel for the applicant submits that similarly circumstanced co-accused Ali Mohammad has already been enlarged on bail by co-ordinate Bench of this Court on 20.12.2024 in Criminal Misc. Bail Application No. 41619 of 2024. Hence, bail has been prayed for. 5. Learned counsel for the informant as well as learned AGA has vehemently opposed the prayer for bail. 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, Avanish Alias Avanesh, involved in above mentioned case crime number be released on bail, on their 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 :- 24.1.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad