Neutral Citation No. - 2025:AHC:75477 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6405 of 2025 Applicant :- Mustafa Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Ehtesham Afsar Khan Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Ehtesham Afsar Khan, learned counsel for the applicant and Shri Yagyavalka Pandey, 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, Mustafa Ahmad, seeking enlargement on bail in Case Crime No. 218 of 2024, under Sections 191 (2), 191 (3), 190, 132, 125 (1), 221, 224, 331 (5), 324, 109, 3 (5), 61 (2), Bharatiya Nyaya Sanhita, 2023 and Section 7 Criminal Law Amendment Act, Police Station Shahi, District Bareilly. 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 21.07.2024. Learned counsel for the applicant submits that applicant was not named in the FIR. After 18 days of lodging the FIR, name of applicant has surfaced on record. None of the injured had taken the name of the applicant. All the injuries received on the person of injured are simple in nature. The applicant is resident of 25 km. far from the place of occurrence. He is having criminal antecedent of one case which has been explained in the affidavit filed in support of bail application and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Co-accused Ishtayak Ali Ansari, Mohd. Umar, Dilshad, Rashid and Hussain, have been granted bail by this Court in Criminal Misc. Bail application nos. 38785 of 2024, 598 of 2025, and 46752 of 2024, vide orders dated 12.12.2024, 20.02.2025, and 19.02.2025, respectively. 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, Mustafa Ahmad, 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 :- 9.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad