Neutral Citation No. - 2025:AHC:11966 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45542 of 2024 Applicant :- Gulshan Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, Shri Sunil Kumar, Sri Shashank Singh, learne counsel, holding brief of 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, Satya Veer Alias Lovely, seeking enlargement on bail in Case Crime No. 334 of 2024, under Sections 115 (2), 352, 117 (2), 109 of the Bharatiya Nyaya Sanhita, 2023, Police Station Bevar, District Mainpuri. 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 28.9.2024. 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. Learned counsel for the applicant submits that the FIR has been lodged with the delay of 45 days. There is no plausible explanation in delay in lodging the FIR. Present FIR is a fruit of cross case, being Case Crime No. 276 of 2024, under Section 125, 352, 115 (2) of BNS, Police Station Bevar, District Mainpuri and has been lodged against the applicant to exert undue pressure upon the applicant. No specific role has been assigned to the applicant. All the injuries mentioned in the injury report are manipulated one. No recovery has been effected from the person of the applicant or pointing out of applicant. Co-accused, Satya Veer Alias Lovely, has already been enlarged on bail vide order dated 27.11.2024 passed in Criminal Misc. Bail Application No. 42552 of 2024. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, particularly, the fact that the present case prima facie appears to be lodged as a counter blast to the Case Crime No. 276 of 2024 at the instance of the applicant, 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, Gulshan, 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 :- 23.1.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad