Neutral Citation No. - 2025:AHC:56462 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2852 of 2025 Applicant :- Ravikesh Lal Dev Opposite Party :- State of U.P. Counsel for Applicant :- Janardan Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Janardan Yadav, learned counsel for the applicant, Sri Puneet Kumar Singh, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Ravikesh Lal Dev, seeking enlargement on bail in Case Crime No. 487 of 2024, under Sections 319 (2), 318 (4), 338, 337, 336 (3), 340 (2), 61 (2) BNS and Section 66-C & 66-D Information of Technology Act, Police Station Kotwali, District Azamgarh. 3. There are allegation against eight named and several unknown accused persons regarding fabrication of birth and death certificates. 4. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 25.08.2024. He has criminal antecedent of one case, which has been explained in para 22 of the affidavit, filed in support of the bail application 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 alleged incident is said to have taken place on 30.08.2024 at 15.15 p.m. and its FIR has been lodged on 30.08.2024 at 20:30 p.m. without giving any explanation for delay in lodging the FIR. It is submitted that the applicant is not named in the FIR. His name has come into the light during investigation in the confessional statement of co-accused Shivanand. It is next submitted that entire prosecution version and its evidence, evidently seems to be highly doubtful no person can relied upon the same. Neither the applicant prepared any fake and forged documents for any purpose nor used the same in any manner. Neither the applicant arrested on the spot nor incriminating has been recovered from his possession or his pointing out. The applicant is aged about 30 years and he is 40% disabled. Neither the applicant concern with the alleged mobile numbers nor the said mobile numbers have issued in the name of the applicant. There is no direct or indirect or any circumstantial evidence against the applicant to prosecute in the alleged offence. Neither the applicant has committed any offence as alleged by the prosecution nor there is nay credible evidence regarding his complicity in the alleged offence. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Ravikesh Lal Dev, 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. 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 :- 16.4.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad