Neutral Citation No. - 2025:AHC:81652 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12146 of 2025 Applicant :- Suraj Opposite Party :- State of U.P. Counsel for Applicant :- Mukesh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Mukesh Kumar Pandey, 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. 364 of 2024, under Sections 109, 61(2), 336(2) of the Bharatiya Nyaya Sanhita, 2023, Sections 3/5A/5B/8 and Section 11 of U.P. Prevention of Cow Slaughter Act, and Setion 3/4/25/27 of Arms Act, Police Station Sarvehi, District Kushinagar. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number. The First Information Report has been lodged on 27.10.2024, with the allegation that on the information of Mukhbir the police party has tried to stop some of the accused persons involving in the crime of cow slaughtering, the applicant and the other co-accused persons opened fire on the police party and the police personnel anyhow saved themselves. He submits that the applicant was not arrested from the spot and his name came into light under the statement of co-accused Vikky Prasad. He further submits that from the possession of the applicant, nothing incriminating material has been recovered. He further submits that the recovery shown from the applicant is planted one. There is no independent public witness of the aforesaid incident. The criminal history of eight cases has been explained in the supplementary affidavit. It is further submitted that on the similar footing the co-accused Vikki Prasad has been granted bail by this Court vide order dated 25.04.2025 passed in Criminal Misc. Bail Application No. 1155 of 2025, therefore, applicant is also entitled to be released on bail. The applicant is languishing in jail since 27.10.2024 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 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, Suraj, 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 :- 16.5.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad