Neutral Citation No. - 2025:AHC:72871 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10044 of 2023 Applicant :- Akbar Ali Opposite Party :- State of U.P. Counsel for Applicant :- Atul Pandey,Shashi Dhar Shukla Counsel for Opposite Party :- G.A.,Gaurav Kumar Shukla Hon'ble Ram Manohar Narayan Mishra,J. Heard learned counsel for the applicant, learned counsel for the informant and learned AGA for the State-respondents and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Akbar Ali, seeking enlargement on bail in Case Crime No.348 of 2022, under Sections 406, 420, 467, 468, 471, 504 and 506 of the Indian Penal Code, Police Station Khalilabad, District Sant Kabir Nagar. 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 03.02.2023. He has produced copy of the ordersheet of the court below which shows that charges were framed against accused persons but no witness was examined during trial. The applicant has criminal history of 09 cases which is explained in para-13 of the affidavit filed in support of the bail application which reveals that apart from present case in Case Crime no.176 of 2021 and Case Crime No.356 of 2021 bail application is pending before the court below. In Case Crime No.306 of 2017 final report has been submitted by the I.O. in favour of the applicant. In Case Crime No.120 of 2022 proceedings stand abated. In N.C.R. No.59 of 2022 charge-sheet has not been submitted. In Case Crime No.78 of 2022 interim order was granted by this Court. In Case Crime No.461 of 2022 the bail application is pending before the court below, in Case Crime Nos.556 of 2021, 281 of 2022 and 349 of 2017 the applicant has been granted bail. There is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned counsel for the informant as well as learned AGA has vehemently opposed the prayer for bail and submitted that there is specific allegation against the applicant that he had obtained Rs.3,50,000/- for procuring job to son of the informant. The applicant on 15.12.2020 has given cheque of Rs.2 lac which has been bounced. The applicant has transferred Rs.20,000/- in the account of wife of the first informant. 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, Akbar Ali, 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 :- 6.5.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad