Neutral Citation No. - 2025:AHC:41417 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9486 of 2025 Applicant :- Kushmendra Kumar Alias Bhura Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, Shri Ajay Singh, 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, Kushmendra Kumar Alias Bhura, seeking enlargement on bail in Case Crime No. 473 of 2024, under Sections 60/72 of Excise Act and 274, 275, 318, 319, 336, 338, 340 of the Bharatiya Nyaya Sanhita, 2023, Police Station Subhash Nagar, 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 30.8.2024. Learned counsel for the applicant submits that no recovery has been made from the applicant nor he was arrested from the spot. He submits that charge sheet has been filed and applicant 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 co-accused Krishna Pal @ Kp has already been enlarged on bail by this Court on 6.2.2025 in Criminal Misc. Bail Application No. 41246 of 2024. 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, Kushmendra Kumar Alias Bhura, 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 :- 21.3.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad