Neutral Citation No. - 2025:AHC:11954 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45624 of 2024 Applicant :- Bablu Opposite Party :- State of U.P. Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Bharat Singh, learned counsel for the applicant, Shri Arimardan Yadav, 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, Bablu, seeking enlargement on bail in Case Crime No. 253 of 2024, under Sections 143(4) of the Bharatiya Nyaya Sanhita, 2023, Police Station Baniyather, District Sambhal. 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 03.10.2024. 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 F.I.R. dated 02.10.2024 has been lodged against three named accused persons including the applicant by the informant alleging that Babloo has called him at his house and where he met with Kaushal Sharma and Raju, they said to pay Rs. Sixty Thousand for the girl and do with this girl (victim) as you want. The F.I.R. has been lodged after nine days of the alleged incident and there is no explanation regarding delay. As per statements made u/s 180 and 183 B.N.S.S., 2023, by the victim, there is no allegation against the applicant herein. Victim has said in her statement that no incident has taken place with her. As per medical report of the victim, no external injury was found on her body. Co-accused, Kaushal Sharma, has already been granted bail vide order dated 03.12.2024 passed in Criminal Misc. Bail Application No. 43301 of 2024. Hence, bail has been prayed for. 5. 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, Bablu, 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 :- 23.1.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad