Neutral Citation No. - 2025:AHC:26107 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46270 of 2024 Applicant :- Netrapal Alias Nitto Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Mishra,Shashank Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Shri Anil Kumar Singh, learned A.G.A. for the State-opposite party 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, Netrapal alias Nitto, seeking enlargement on bail in Case Crime No. 154 of 2024, under Sections 190, 191(2), 191(3), 121(2), 135, 109(1), 352, 351(3) of the Bharatiya Nyaya Sanhita, 2023 and section 3/5 of Prevention of Public Property Act & 3 (1) 58 of Mines and Minerals Act and 7 of Criminal Law Amendment Act, Police Station Kheragadh, 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 14.09.2024. He has criminal history of one case, which is clearly explained in para no. 17 of the bail application, wherein he is on bail. There is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 4. Learned counsel for the applicant submits that no offence as alleged in the FIR has been made out against the applicant. Applicant is not named in the F.I.R. He has been arrested only on the basis of his confessional statement. Nothing has been recovered from the possession of the applicant. Co-accused namely Satyaprakash @ Satto, Mukesh Kumar Agarwal and Mohar Singh have alredy been released on bail vide orders dated 31.1.2025, 2.12.2024 and 19.12.2024 passed in Crl. Misc. Bail Application No. 44370 of 2024, 38235 of 2024 and 39805 of 2024, respectively. Hence, bail has been prayed for. 5. Learned AGA has opposed the bail application. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Netrapal alias Nitto, 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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. 9. 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 :- 24.2.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad