Neutral Citation No. - 2025:AHC:31882 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7853 of 2025 Applicant :- Ram Milan Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Raghvendra Prakash Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Raghvendra Prakash, learned counsel for the applicant, Shri Yagyavalk Pandey, 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, Ram Milan Yadav, seeking enlargement on bail in Case Crime No. 326 of 2024, under Sections 115(2), 352, 109 of the Bharatiya Nyaya Sanhita, 2023, Police Station Rani Ki Sarai, District Azamgarh. 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 16.01.2025. 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. 4. Learned counsel for the applicant submits that no offence as alleged in the FIR has been made out against the applicant. The alleged F.I.R. has been lodged after 22 hours of the incident, which creates doubt about the genuineness of the prosecution case. As per statement of the injured, general role has been assigned to the applicant. Nothing incriminating has been recovered from the possession or pointing out of the applicant. The incident has taken place in day time as well as in populated area but there is no witness who support the prosecution case except the informant and injured-Mandeep. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedent. 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, Ram Milan Yadav, 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 Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad