Neutral Citation No. - 2025:AHC:38368 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 476 of 2025 Applicant :- Akash Opposite Party :- State of U.P. Counsel for Applicant :- Hemant Kumar Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Hemant Kumar, learned counsel for the applicant, Sri Yagyavalk Pandey, learned AGA for the State-Respondent and perused the record. 2. This bail application under Section 483 of BNS has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 256 of 2024, under Section 140(2) and 3(5), 352 BNS, 2023, Police Station Nauchandi, District Meerut. 3. Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant further submits that victim was kidnapped by some unknown person and she was also recovered on the same day. Learned counsel for the applicant submits that applicant was not named in the F.I.R. and his name was surfaced from the statement of victim, recorded under Section 180 BNSS. In her statement she has stated that the applicant is ex driver of her car. The mother of the victim refused from the medical examination of the victim. Learned counsel for the applicant further submitted that false recovery memo has been prepared by the police in which from the possession of the applicant 1 pistol, 1 blank cartridge, 1 Samsung keypad mobile phone and Rs. 220 has been shown. There is no independent eye witness from the public of the alleged recovery and the alleged recovery has been shown is planted by the police to falsely implicate the applicant in the present criminal case. There is no evidence on record that the applicant has kidnapped the victim or he has called the informant for ransom nor any incriminating material has been recovered from the possession of the applicant to show his involvement in the present criminal case. The applicant is languishing in jail since 03.09.2024. The applicant 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. 4. Learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. 5. 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Akash, 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. 8. 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 :- 17.3.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad