Neutral Citation No. - 2025:AHC:32351 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4359 of 2025 Applicant :- Krishna Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Sharad Saran Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State 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. 192 of 2024, under Sections 318(4), 338, 336(3), 340(2), 61(2) B.N.S., Police Station- Refinery, District- Mathura during pendency of the trial. 3. Counsel for the applicant submits that the applicant was not arrested at the spot and has been falsely implicated in the instant case. The name of the applicant was disclosed by the co-accused Roop Kishore and Purshottam @ Pawan Sharma in police custody. The said statements, insofar as they implicates the applicant, are unreliable. No recovery of any incriminating article has been made from the applicant. It is next contended that the co-accused Roop Kishore and Purshottam @ Pawan Sharma have been granted bail by this Court vide orders dated 24.9.2024 and 3.10.2024 passed in Criminal Misc. Bail Application Nos. 35316 of 2024 and 36461 of 2024 respectively. The applicant claims parity. The applicant does not have any criminal history. The applicant is in jail since 6.1.2025. 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 applicant was not arrested at the spot. The name of the applicant was disclosed by the co- accused Roop Kishore and Purshottam @ Pawan Sharma in police custody. The co-accused Roop Kishore and Purshottam @ Pawan Sharma have been granted bail by this Court. The applicant has no criminal antecedents. Further the applicant has presently remained confined for almost two months and there is no hope of early conclusion of trial, more so when 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 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, Krishna Kumar 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 tamper 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 :- 6.3.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad