Neutral Citation No. - 2025:AHC:79312 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10518 of 2025 Applicant :- Sanjay Pal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shailendra Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Counter affidavit filed today by learned AGA on behalf of the State is taken on record. Heard Sri Dheerpal Singh holding brief of Sri Shailendra Kumar Gupta, learned counsel for the applicant, Sri Anil Kumar Singh, learned AGA for the State-Respondent and perused the record. The present bail application has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 0022 of 2025, under Sections 305-A, 331(4), 317(2), 345(3), 238 of the Bharatiya Nyaya Sanhita, 2023, and Section 60 of the U.P. Excise Act, Police Station Rajgarh, District Mirzapur. Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant further submits that the applicant is not named in the FIR and his name surfaced during the course of investigation. He submits that the applicant has not stolen the wine from the shop of the informant and due to ulterior motive the police has implicated the accused in the false case. He further submits that false recovery memo has been submitted by the Police. There is no public independent witness of the alleged recovery and all the witnesses are of Police Personnel. The applicant is languishing in jail since 09.02.2025. The 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. Hence, the bail has been prayed for. Learned AGA has vehemently opposed the prayer of bail, but could not dispute the above submissions raised by learned counsel for the applicant. 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, Sanjay Pal, 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 :- 14.5.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad