Neutral Citation No. - 2025:AHC:50686 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4439 of 2025 Applicant :- Shyam Bahadur Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Sanjeev Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Sanjeev Kumar Yadav, learned counsel for the applicant, Shri Puneet Kumar Singh, learned AGA 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 seeking enlargement on bail in Case Crime No. 250 of 2024, under Sections 3(5), 61(2), 318(4), 319(2), 336(3), 338, 340(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 12(3) of Passport Act, Police Station Dohrighat, District Mau. 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 10.01.2025. 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. 4. Learned counsel for the applicant submits that no offence as alleged in the FIR has been made out against the applicant. The recovery is false planted one, and not supported by any independent witnesses. Learned counsel for the applicant submits that co-accused namely Shyam Karan Yadav has already been enlarged on bail by co-ordinate Bench of this Court on 05.04.2025 in Criminal Misc. Bail Application No. 6697 of 2025. Hence, bail has been prayed for. 5. Learned counsel for the informant as well as learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. 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, Shyam Bahadur Yadav, 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 :- 8.4.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad