Neutral Citation No. - 2025:AHC:75187 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13238 of 2025 Applicant :- Nidhan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Pankaj Kumar, learned counsel for the applicant, Sri Bijendra Kumar, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Nidhan Singh, seeking enlargement on bail in Case Crime No. 271 of 2024, under Sections 319 (2), 318 (4), 338, 336 (3), 340 (2) BNS and Section 60 (1) as well as 63/72 of Excise Act, Police Station Malwan, District Fatehpur. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 17.01.2025.The applicant is owner of the vehicle and had let it out on hire. 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. Learned counsel for the applicant submits that the allegation leveled against the applicant in the FIR is totally false and fabricated. Applicant was not named in the FIR and his name has come into the light during investigation in the statement of co- accused Chahat. The applicant was arrested from his house at Punjab. There is no independent witnesses of the arrest of the applicant and alleged recovery. Neither the applicant has been arrested from the spot nor anything has been recovered from his possession or on his pointing out. Hence, bail has been prayed for. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Nidhan Singh, 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. 9. 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 :- 7.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad