Neutral Citation No. - 2025:AHC:82828 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4037 of 2025 Applicant :- Sarfaraz Khan Alias Babu Khan Opposite Party :- State of U.P. Counsel for Applicant :- Surendra Narayan Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Surendra Narayan Mishra, learned counsel for the applicant, Sri Anil 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, Sarafraz Khan, seeking enlargement on bail in Case Crime No. 480 of 2024, under Sections 191 (2), 125, 109, 121 (1), 132 BNS and Section 7 CLA Act, Police Station Bilari, District Moradabad. 3. 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 03.01.2025. 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. Learned counsel for the applicant submits that no specific role has been assigned to the applicant and a general role has been assigned to all the accused persons. It is next submitted that the prosecution has failed to explain how the police identified the name of 32 accused persons without independent information of witnesses. All the injured sustained injuries which are simple. The applicant has no involvement in the alleged incident. He was not present at the place of incident at the time of alleged incident. There is no evidence to connect the applicant to the alleged crime. No offence is made out against the applicant under the aforesaid sections. The alleged entire prosecution story against the applicant is false, fabricated and baseless and concocted. Hence, bail has been prayed for. 4. Learned AGA vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 5. 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Sarfaraz Khan, 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. 8. 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 :- 15.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad