Neutral Citation No. - 2025:AHC:40803 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 939 of 2025 Applicant :- Ramprakash @ Pathak Opposite Party :- State of U.P. Counsel for Applicant :- Diwakar Tiwari,Sanjay Shukla Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Learned counsel for the applicant has filed supplementary affidavit, which is taken on record. 2. Heard learned counsel for the applicant and Shri Arimardan Yasdav, learned AGA for the State-respondents and perused the record. 3. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Ramprakash @ Pathak, seeking enlargement on bail in Case Crime No. 414 of 2024, under Section 191 (2), 191 (3), 115 (2), 109, 352, of the Bharatiya Nyaya Sanhita, 2023, Police Station Tappal, District-Aligarh. 4. 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 28.08.2024. Learned counsel for the applicant submits that the First Information Report has been lodged on 26.08.2024 against the applicant and other co accused persons. General role has been assigned to all the accused persons. No role of causing any injury has been assigned to the applicant and role of firing has been assigned to the co-accused Manoj and the recovery of Tamancha has also been recovered from co-accused Manoj and only on the basis of suspicion his name has been mentioned in the FIR. The injured in his statement also has not assigned any specific role to the applicant. 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. 5. Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid fact. 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, Ramprakash @ Pathak, 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 :- 19.3.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad