Neutral Citation No. - 2025:AHC:76656 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11947 of 2025 Applicant :- Mukendra Kharwar Opposite Party :- State of U.P. Counsel for Applicant :- Om Singh Rathaur,Subhash Gosain Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Om Singh Rathaur, learned counsel for the applicant and Shri Arimardan Yadav, 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, Mukendra Kharwar, seeking enlargement on bail in Case Crime No. 262 of 2024, under Section 331 (4), 307, 317 (2), 125, 109 of B.N.S. and Section 4/25 of Arms Act, Police Station- Sahatwar, District-Ballia. 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 26.10.2024. Learned counsel for the applicant submits that a First Information Report has been lodged against the applicant and three other unknown persons with the allegation that on the date of incident the applicant and other co-accused persons entered in the house of the first infomrant and stolen several ornaments and other articles. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case as a scapegoat to save the real culprits of the offence. The recovery shown from the possession of the applicant is planted one as there is no independent witness of the aforesaid recovery. In the present case charge sheet has been filed on 18.12.2024 and there is no necessity of any further custodial interrogation of the applicant. 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. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail but could not dispute the fact that the applicant has no criminal antecedents and charge sheet has been filed. 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, Mukendra Kharwar, 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 :- 12.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad