Neutral Citation No. - 2025:AHC:79230 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13373 of 2025 Applicant :- Makun Rajbhar @ Srinath Opposite Party :- State of U.P. Counsel for Applicant :- Nitin Kumar Rai,Pavan Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Pavan Kumar Singh, learned counsel for the applicant, 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, Makun Rajbhar @ Srinath enlargement on bail in Case Crime No. 38 of 2025, under Sections 60 (1), 60 (2) Excise Act and Sections 274, 275, 3 (5) of the Bharatiya Nyaya Sanhita, 2023, Police Station Bansdeeh, 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 23.3.2025. Learned counsel for the applicant submits that applicant was not arrested from the spot. Nothing was recovered from the possession of the applicant. The person from whose recovery has been effected has already been granted bail by this Court in Crl. Misc. Bail Application No. 12636 of 2025 decided on 18.2.2025. 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. 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, Makun Rajbhar @ Srinath , 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 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad