Neutral Citation No. - 2025:AHC:71438 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5497 of 2025 Applicant :- Kapil Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Harish Chandra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Shantnu, holding brief of Sri Vikram Singh Srivastava, learned counsel for the applicant, Sri Brijendra Kumar, learned AGA for the State-Respondent and perused the record. The present bail application has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 9 of 2025, under Sections 61(2), 318(4) of the Bharatiya Nyaya Sanhita, 2023, and Section 3(1), 3(2), 3(3), 4, 5(1)(A), 6(A), 6(C), 18, 23, 29 of the Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuses) Act, 1994, and Section 34 of National Medical Commission Act, 2019, Police Station Teelamod, District Ghaziabad. Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant further submits that the applicant is not involved in the alleged illegal sex determination test and there is no direct evidence against him. The applicant is neither a Doctor nor he had any knowledge about sex determination test. The applicant has no concern with the other co- accused persons. There is no any independent witness of the alleged offence. The alleged recovery of ultrasound machine is not in the name of the applicant. He submits that the co-accused Sumit Kumar, Sandeep Kumar and Pramod Kumar Bansal have already been released on bail by the order of the court below, copy of which has been annexed as Annexure No.4 to the affidavit filed in support of the bail application. The applicant is languishing in jail since 07.01.2025. The applicant 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. Hence, the bail has been prayed for. Learned AGA has vehemently opposed the prayer of bail, but could not dispute the above submissions raised by learned counsel for the applicant. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Kapil Kumar, 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 :- 5.5.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad