Neutral Citation No. - 2025:AHC:39829 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9262 of 2025 Applicant :- Jagdish Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Pati Tiwari Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Rakesh Pati Tiwari, learned counsel for the applicant, Sri Rakesh Kumar Mishra, 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, Jagdish, seeking enlargement on bail in Case Crime No. 1491 of 2010, under Sections 272, 273 I.P.C. and Section 26/72 Excise Act, Police Station- Rajabpur, District- Amroha. Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. The applicant is languishing in jail since 29.01.2025. In the aforesaid case the applicant was granted bail by the court below on 19.01.2011 He submits that after being released on bail the accused-applicant was regularly appearing before the Trial Court, but since 06.03.2019, he was not appearing before the court below. Then the Court below has issued summon and Non Bailable Warrant against the applicant and when he not appeared on several dates the proceedings of Section 82 and 83 Cr.P.C. have been initiated against the applicant. The applicant was arrested on 29.01.2025. Subsequently, the applicant applied for his bail being bail application no. 226 of 2025 (Jagdish vs. State of U.P.), but the Additional District and Sessions Judge, court no. 3, Amroha, rejected the bail of the accused-applicant on 10.02.2025. The applicant has no criminal antecedent and due to health and financial problem, he could not appear before the trial court. 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. Learned AGA has vehemently opposed the prayer of bail, but could not dispute the aforesaid fact. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Jagdish, 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 :- 19.3.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad