Neutral Citation No. - 2025:AHC:94150 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15232 of 2025 Applicant :- Ambika Paswan Opposite Party :- State of U.P. Counsel for Applicant :- Karunesh Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Karunesh Pratap Singh, learned counsel for the applicant, Sri Vijendra 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, Ambika Paswan, seeking enlargement on bail in Case Crime No. 103 of 2025, under Sections 351 (4), 308 (5), 352, 351 (2), 109, 324 (4), 61 (2) BNS & Section 3/25/27 Arms Act, Police Station Shahpur, District Gorakhpur. 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 04.03.2025. He has one previous criminal antecedent which has been explained in para 22 of the affidavit, filed in support of the bail application 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 applicant is not named in the FIR. His name has surfaced in the statement of co-accused Mantu Paswan @ Ankit Paswan. Applicant was not arrested from the spot. No offence is made out against the appoicant under the aforesaid sections. It is next submitted that the co-accused Shubhan Srivastavas and, Nitin Kumar Mishra, have already been enlarged on bail by this Court vide orders dated 08.05.202518.04.2025, passed in Crl. Misc. Bail Application Nos. 14848 of 2025 and 12744 of 2025. No clinching evidence against the applicant. The alleged entire prosecution story against the applicant is false, fabricated and baseless and concocted. Hence, bail has been prayed for. 4. Learned AGA vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 5. 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Ambika Paswan, 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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 :- 30.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad