Neutral Citation No. - 2025:AHC:80855 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10653 of 2025 Applicant :- Deepak Gola Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Sawhney Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. This is second bail application. The first bail application has been rejected by Hon. Mayank Kumar Jain, J (now retd.) on 17.09.2024. 2. Heard Sri Rajeev Sawhney, learned counsel for the applicant, Sri Shashank Singh, Advocate, holding brief of learned AGA for the State-respondents and perused the record. 3. This second bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Deepak Gola, seeking enlargement on bail in Case Crime No. 26 of 2023, under Sections 419, 420, 467, 468, 471, 406, 120B, 34 IPC and Section 66D I.T. Act, Police Station Cyber Crime, District Gautam Buddh Nagar. 4. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 25.07.2023. 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. Learned counsel for the applicant submits that the applicant is not named in the FIR. His name has surfaced during course of investigation and he has arrested from his village. It has been argued that the case is triable by Magistrate and applicant is entitled for the benefit of Section 437 (6) Cr.P.C. in as much as the charge sheet was filed on 28.09.2023. The trial is proceeding and the same is pending at the stage of evidence since 11.03.2024. The applicant, who is confined in jail since 25.07.2023 is being produced on each and every date fixed, but the prosecution witness is not appearing. Nothing has been recovered from the possession of the applicant. There is no public/independent witness of the alleged recovery of Cash-book, Cheque book and ATM Card from the possession of the applicant. Neither the applicant is beneficiary of the aforesaid amount nor he has taken any amount nor used the aforesaid amount. Hence, bail has been prayed for. 5. Learned AGA vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. 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, implication of Section 437 (6) Cr.P.C. and prima facie case, but without commenting on merit of case, a case for bail is made out. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Deepak Gola, 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. 9. 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 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad