Neutral Citation No. - 2025:AHC:38522 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2570 of 2025 Applicant :- Sheelu Alias Shailendra Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Nand Counsel for Opposite Party :- G.A.,Pushpendra Kumar Mishra Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, Sri Brijendra Kumar, learned AGA for the State-Respondent and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 289 of 2024, under Sections 109(1), 115(2), 352, 351(3) of the Bharatiya Nyaya Sanhita, 2023, Police Station Allahaganj, District Shahjahanpur. Learned counsel for the applicant argued that the accused- applicant is innocent and has been falsely implicated in this case crime number. Learned counsel for the applicant further submits that the FIR has been registered with some delay of which no satisfactory explanation has been submitted. The allegation of taking away the victim fro his home and forcibly drinking liquor, as levelled against the applicant is false. In the FIR only general allegation has been levelled against the applicant and no specific role and motive has been assigned to the applicant in the present case. Nothing incriminating material has been recovered from the possession of the applicant. There is no independent witness of the alleged incident. There is variation in the statement of the witness recorded by the Investigating Officer, which belies the prosecution story. The applicant is languishing in jail since 05.10.2024. 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 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, Sheelu Alias Shailendra, 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 :- 18.3.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad