Neutral Citation No. - 2025:AHC:60186 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27934 of 2023 Applicant :- Devendra Opposite Party :- State of U.P. Counsel for Applicant :- Omvir Singh Rajpoot Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Omvir Singh Rajpoot, learned counsel for the applicant, Sri Rajesh Kumar Singh, learned AGA for the State-opposite party and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Devendra, seeking enlargement on bail in Case Crime No.826 of 2022, under Sections 380, 457, 427, 411 of the Indian Penal Code, Police Station Kotwali Nagar, District Etah. Learned counsel for the applicant argued that the accused- applicant is innocent and has been falsely implicated in this very case crime number due to party bandi and police enmity. The first information report was lodged against unknown person. The recovery shown from the applicant is false and concocted. The applicant is languishing in jail since 17.11.2022. He has criminal antecedents of nine cases, which have been explained in paragraph-13 of the affidavit filed in support of the bail application. Co-accused Viresh and Manpal have already been granted bail by the co-ordinate Bench of this Court vide orders dated 05.04.2023 and 16.03.2023 passed in Criminal Misc. Bail Application Nos.13136 of 2023 and 45 of 2023. It is further submitted that 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 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, Devendra, 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 :- 4.3.2025 Radhika Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad