Neutral Citation No. - 2025:AHC:20970 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47333 of 2024 Applicant :- Sukesh Alias Shivkesh Opposite Party :- State of U.P. Counsel for Applicant :- Aashish Kumar,Manoj Kumar Verma,Milind Sen Bauddha Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Counter affidavit filed today by learned AGA on behalf of the State is taken on record. Heard Sri Aashish Kumar, learned counsel for the applicant, Sri Rajesh Kumar Singh, learned AGA for the State-Respondent and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Sukesh Alias Shivkesh, seeking enlargement on bail in Case Crime No. 106 of 2022, under Sections 363, 307 of the Indian Penal Code, Police Station Sadh, District Kanpur (Outer). Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. As per version of the FIR, the allegation against the applicant is that he stuffed a handkerchief in his mouth and cut the neck of the victim by knife with the intention to kill him. Learned counsel for the applicant further submits that there is no independent eye-witness of the alleged incident. There is material contradiction in the statement of witness recorded by the Investigating Officer. He further submits that the applicant is languishing in jail since 14.05.2022 and the trial is going on at snail's pace. He further submits that the applicant 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, the bail has been prayed for. Learned counsel for the informant as well as learned AGA has vehemently opposed, 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, Sukesh Alias Shivkesh, 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 :- 13.2.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad