Neutral Citation No. - 2025:AHC:11604 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6632 of 2024 Applicant :- Nikki Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar Uppadhaya,Gauri Shanker Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Gauri Shanker Mishra, learned counsel for the applicant, Sri S.K. Ojha, learned AGA for the and perused the record. 2. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Nikki, seeking enlargement on bail in Session Trial No.1194 of 2023 arising out of case crime no.326 of 2021, under Sections 366 and 506 I.P.C., P.S. Jawan, District Aligarh. 3. As per the prosecution version, the daughter of the first informant went to the market for taking some medicines but she did not return at her home. The villagers informed the informant that the applicant and two other co-accused have enticed her away. 4. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number due to party bandi. He further submits, prior to lodging of the FIR, name of the applicant has not been disclosed by the first informant in the missing report lodged by her. He further submits that the victim had solemnized marriage with co- accused Lalit. The applicant has no role in the alleged incident and is languishing in jail since 2.1.2021 having no criminal antecedent. There is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.He further states, in case applicant is enlarged on bail, he shall not misuse the liberty of bail. 5. Learned learned AGA has vehemently opposed the prayer for bail. 6. Earlier this Court had directed the C.J.M. Aligarh to verify and submit a report whether the victim has entered into marriage with co-accused Lalit. In compliance of the order of this Court, the C.J.M. Aligarh submitted a report, stating that the victim has got married with co-accused Lalit on 7.12.2020. 7. Having heard learned counsel for the parties and having gone through materials placed on record and 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 and without commenting on merit of case, a case for bail is made out. 8. Accordingly, the bail application is allowed. 9. Let the accused-applicant, Nikki, 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. 10. 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 :- 22.1.2025 Akbar Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad