Neutral Citation No. - 2025:AHC:68964 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5744 of 2025 Applicant :- Faujinath Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Amit Kumar, learned counsel for the applicant, Sri Anil Kumar Singh, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Faujinath, seeking enlargement on bail in Case Crime No. 403 of 2024, under Sections 317(2), 317(4), 317(5) of the Bharatiya Nyaya Sanhita, 2023 & Section 3/25 of Arms Act, Police Station- Najibabad, District- Bijnor. 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 01.08.2024. Learned counsel for the applicant submits that similarly placed co- accused, namely, Vicky and Gopi Nath have already been enlarged on bail of this Court by orders dated 08.01.2025 and 05.02.2025 passed in Criminal Misc. Bail Application Nos. 43304 of 2024 and 44399 of 2024 respectively, copy of the bail orders produced by learned counsel for the applicant are taken on record. He further submitted that since the role of the applicant is identical to that of co-accused, Vicky and Gopi Nath who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. He has criminal antecedent of sixteen cases and the same are duly explained in para 15 of the bail application. and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Faujinath, 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: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. 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. 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 :- 1.5.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad