Neutral Citation No. - 2025:AHC:18985 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4107 of 2025 Applicant :- Amaan Alias Paya Opposite Party :- State Of U.P Counsel for Applicant :- Mohd Qasim Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard Mohd Qasim, counsel for the applicant through video conferencing, Sri Neeraj Kumar Sharma, learned A.G.A. for the State-respondent and perused the record. 2. The instant bail application, under Section 483 B.N.S.S., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 453 of 2024, under Section 61(2) of B.N.S. and Section 3/5/8 of Cow Slaughter Act, Police Station- Kotwali Dehat, District- Bulandshahr, during pendency of the trial. 3 .Counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the present case. The name of the applicant was disclosed by co-accused, Nishad @ Cheepa and Shahnawaj @ Kunja who were arrested in Case Crime No. 469 of 2024, under Section 109 of B.N.S. and 3/4/25 of Arms Act, Police Station- Kotwali Dehat, District- Bulandshahr. The said statements in so far as they implicate the applicant are unreliable. No recovery of any incriminating article has been made from the applicant. It is next contended that identically placed co-accused, Bhura Banjara @ Bhura has been granted bail by this Court vide order dated 23.10.2024 passed in Criminal Misc. Bail Application No. 38973 of 2024 (Bhura Banjara @ Bhura vs. State of U.P.). The applicant claims parity. The criminal history of the applicant has been explained in para no. 15 of the bail application. The applicant is in jail since 23.12.2024 and in case he is enlarged on bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record, this Court prima facie finds that the applicant was not named in the first information report. The name of the applicant was disclosed by co-accused, Nishad @ Cheepa and Shahnawaj @ Kunja in Case Crime No. 469 of 2024, under Section 109 of B.N.S. and 3/4/25 of Arms Act, Police Station- Kotwali Dehat, District- Bulandshahr. Identically placed co-accused, Bhura Banjara @ Bhura has been granted bail by this Court. At this stage, there is no substantive evidence against the applicant. Further, the applicant has remained confined for more than one month and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Amaan Alias Paya, involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not temper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 10.2.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad