Neutral Citation No. - 2025:AHC:11986 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46459 of 2024 Applicant :- Rakesh Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Dubey,Chandra Bhan Dubey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Shubham Pandey, learned counsel for the applicant, Sri Punit Kumar Singh, 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, Rakesh, seeking enlargement on bail in Case Crime No. 384 of 2024, under Sections 191(2), 191(3), 131, 115(2), 109, 351(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station- Jahangirabad, District- Bulandshahar. 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 23.10.2024. 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 general allegation has been levelled against the applicant and no specific role has been assigned. Applicant is not named in the FIR. Co-accused Dushyant Saini, Rahul, Manish and Vikash Kumar have been granted bail vide order dated 06.11.2024, 14.11.2024, 13.11.2024 and 28.11.2024 passed in Criminal Misc. Bail Application No. 37397 of 2024, 39345 of 2024, 40269 of 2024 and 42058 of 2024. Applicant role is on better footing as of the co- accused. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Rakesh, 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