Neutral Citation No. - 2025:AHC:13425 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45785 of 2024 Applicant :- Devendra Opposite Party :- State of U.P. Counsel for Applicant :- Hans Nath Pandey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Hans Nath Pandey, learned counsel for the applicant, Sri Arimardan Yadav, learned AGA for the State-respondents 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, Devendra, seeking enlargement on bail in Case Crime No. 154 of 2024, under Sections 190, 191(2), 193(3), 121(2), 135, 109(1), 352, 351(3) of the Bharatiya Nyaya Sanhita, 2023 and 3/5 Prevention of Damages to Public Property Act and 7 Criminal Law Amendment Act and 3(1), 58 Mines and Minerals Act, Police Station- Kheragarh, District- Agra . 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 15.09.2024. 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 applicant is not named in the FIR. Applicant's name disclosed in the statement of the co-accused. No specific role has been assigned to the applicant. Nothing incriminating has been recovered from the possession of the applicant. No useful purpose would be served by detaining the applicant. Co-accused namely Mukesh Kumar Agarwal, Vinay Singh, Mukesh Singh @ Mukki have already been released on bail vide orders dated 2.12.2024, 12.12.2024 and 12.12.2024 passed by this Court in Crl. Misc. Bail Applications No. 38235 of 2024, 43373 of 2024 and 41973 of the 2024, respectively. Hence, bail has been prayed for. 4. AGA has vehemently opposed the prayer for bail. 5. 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Devendra, 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. 8. 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 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad