Neutral Citation No. - 2025:AHC:63883 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8208 of 2025 Applicant :- Deepak Solanki Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Tyagi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. This is 2nd bail application. The first bail application was rejected by this Bench on 08.01.2025, passe in Crl. Misc. Bail Application No. 40569 of 2024. 2. Heard Sri Pankaj Kumar Tyagi, learned counsel for the applicant, Sri Purushottam Maurya, learned AGA for the State- respondents and perused the record. 3. This 2nd bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Deepak Solanki, seeking enlargement on bail in Case Crime No. 936 of 2024, under Sections 318 (4), 338, 336 (3), 340 (2), 61 (2) BNS and Section 3/7 of Essential Commodities Act, 1955, Police Station Khurja Nagar, District Bulandshahr. 4. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 06.10.2024. 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. Learned counsel for the applicant submits that the applicant is licensee of retailer shop of the fertilizer and he selling the fertilizers and pesticide under the provision of law. It is submitted that the informant has not complied clause 28 (1) (b), 28 (2) and 30 (1) of the Fertilizer (Control) Order, 1985. It is next submitted that neither the applicant nor his any representative has ever taken Godown on rent from Mr. Ashok wherein search was said to be made by the informant and the investing officer has wrongly and illegally submitted charge sheet against the applicant. It is further submitted that the investigating officer never recorded the statement of the alleged witnesses of the case diary and as such the witnesses have filed their affidavits before the court below stating theirin that the investigating officer did not record their statements under Section 180 BNSS and wrongly implicated the applicant in this case and save the real culprit Durga Pal Singh @ Bunty Thakur and illegally submitted the charge sheet against the applicant. Hence, bail has been prayed for. 5. Hence, bail has been prayed for. 5. Learned AGA vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Deepak Solanki, 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. 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 :- 23.4.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad