Neutral Citation No. - 2025:AHC:78221 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36572 of 2023 Applicant :- Mushtaque Alam Opposite Party :- State of U.P. Counsel for Applicant :- Dhananjay Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. Heard Shri Dhananjay Kumar Pandey, learned counsel for the applicant, learned AGA for the State-respondents and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Mushtaque Alam, seeking enlargement on bail in Case Crime No.1545 of 2019, under Sections 409, 420, 467, 468, 471 and 120-B of the Indian Penal Code, Police Station Cantt., District Varanasi. Learned counsel for the applicant argued that the accused- applicant is innocent and has been falsely implicated in this very case crime number. The applicant is neither named in the F.I.R. nor the amount in question, which has been deposited by the informant for sale deed of plot on 21.11.2015 at the instance of main accused, Rashid Naseem has been received by the applicant. He further submitted that the F.I.R. was lodged on 30.11.2019 whereas the applicant resigned the company vide resignation letter dated 01.03.2019. The applicant is not beneficiary and he is languishing in jail since 13.10.2021 i.e. more than four and half years. He has criminal antecedent of 36 cases in same related matter. In most of cases he has been granted bail by this Court. He is not named accused in any of the F.I.Rs lodged against Shine City Company. 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. Having heard and gone through materials placed on record, it is apparent that the applicant is not named in the F.I.R. and is languishing in jail since 13.10.2021 i.e. more than four and half years. 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, Mushtaque Alam, 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 :- 13.5.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad