Neutral Citation No. - 2025:AHC:31355 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7797 of 2025 Applicant :- Sarik Alias Sakir Alias Babuwa Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Pathak Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Ajay Kumar Pathak, learned counsel for the applicant, Shri Vijendra Kumar, 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, Sarik alias Sakir alias Babuwa, seeking enlargement on bail in Case Crime No. 320 of 2024, under Sections 317(4), 317(5) of the Bharatiya Nyaya Sanhita, 2023 and section 150 Railways Act, Police Station Roravar, District Aligarh. 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 22.08.2024. He has criminal history of some cases in which he is on bail 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. Initially the F.I.R. has been lodged against the unknown person u/s 150 of Railways Act. On the basis of earlier criminal history the applicant has been implicated in the present case by the police. Applicant is not named in the F.I.R. and he has been made accused in this case on the basis of statements, who made inimical terms with the applicant. Nothing has been recovered from the possession of the applicant. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed, but could not dispute the aforesaid facts. 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, Sarik @ Sakir @ Babuwa, 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 :- 5.3.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad