Neutral Citation No. - 2025:AHC:35048 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45128 of 2024 Applicant :- Shivam Gupta Alias Praveen Modanwal Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Pandey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Learned counsel for the applicant is permitted to correct the prayer of the bail application during course of the day. 2. Heard Sandeep Pandey, learned counsel for the applicant, Shri Arimardan Yadav, learned AGA for the State-respondents and perused the record. 3. This bail application under Section 439 of Cr.P.C. has been moved on behalf of accused-applicant, Shivam Gupta @ Praveen Modanwal, seeking enlargement on bail in Case Crime No. 74 of 2023, under Sections 363, 311, 370 (5) IPC, Police Station- Vindhyachal, District- Mirzapur. 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 26.09.2024. It is submitted that similarly placed co-accused, Shikha Devi, has already been enlarged on bail of by coordinate Bench of this Court by order dated 20.09.2023 passed in Criminal Misc. Bail Application No. 35983 of 2023, copy of the bail order is annexed as annexure-7 to the affidavit of bail application. He further submitted that since the role of the applicant is identical to that of co-accused, Shikha Devi, who has already been enlarged on bail, 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. 5. Learned AGA has vehemently opposed the prayer for bail. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Shivam Gupta @ Praveen Modanwal 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. 9. 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. 10. 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 :- 10.3.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad