Neutral Citation No. - 2025:AHC:51399 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10172 of 2025 Applicant :- Nanhe @ Afsar Ali Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Waseem Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Mohammad Waseem, learned counsel for the applicant, Shri Umesh Kumar Singh, learned State Law Officer and perused the record. 2. This bail application under Section 439 of Criminal Procedure Code has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 290 of 2024, under Sections 323, 504, 506, 324, 326 of the Indian Penal Code, Police Station Bhojipura, District Bareilly. 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 04.11.2024; 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; initially F.I.R. was lodged u/s 323, 324, 504 & 506 I.P.C., during investigation section 326 I.P.C. has been added by the Investigating Officer; nothing incriminating has been recovered from the possession or pointing out of the applicant; applicant has no motive to commit the alleged offence; there is no credible evidence against the applicant; all the witnesses are interested witnesses. Hence, bail has been prayed for. 4. Learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedent. 5. 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Nanhe @ Afsar Ali, 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. 8. 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 :- 9.4.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad