Neutral Citation No. - 2025:AHC:10463 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45050 of 2024 Applicant :- Istiyak Khan Alias Lalu Alias Faisal Opposite Party :- State of U.P. Counsel for Applicant :- Shailendra Kumar Rai Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Shailendra Kumar Rai, learned counsel for the applicant, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Istiyak Khan Alias Lalu Alias Faisal, seeking enlargement on bail in Case Crime No. 151 of 2024, under Sections 115(2), 352, 351(3),109(1) of the Bharatiya Nyaya Sanhita, 2023 & Section 3/25 of Arms Act, Police Station- Saidpur, District- Ghazipur. 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 05.09.2024. Learned counsel for the applicant submits that co-accused, Shakib Khan, has already been enlarged on bail by co-ordinate Bench of this Court on 03.01.2025 in Criminal Misc. Bail Application No. 43784 of 2024. He has criminal antecedent of three cases which is explained in para 20 of the affidavit filed in support of the bail application 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 the prayer for bail, but could not dispute the fact that co-accused has been enlarged on bail by this Court. Considering all above 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, Istiyak Khan Alias Lalu Alias Faisal, 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 :- 21.1.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad