Neutral Citation No. - 2025:AHC:40474 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 756 of 2025 Applicant :- Gaffar Opposite Party :- State of U.P. Counsel for Applicant :- Saurabh Kumar Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Saurabh Kumar, learned counsel for the applicant, Sri Umesh Kumar Singh, learned State Law Officer 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, Gaffar, seeking enlargement on bail in Case Crime No. 146 of 2001, under Sections 364, 368 of Indian Penal Code, Police Station- Bhopa, District- Muzaffar Nagar. Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. The applicant is languishing in jail since 08.10.2024. In the aforesaid case the applicant was not appearing before the court below. Then the Court below has issued summon and Non Bailable Warrant against the applicant and when he not appeared on several dates the proceedings of Section 82 and 83 Cr.P.C. have been initiated against the applicant on 13.04.2002. Subsequently, the applicant applied for his bail being bail application no. 5116 of 2024 (Gaffar vs. State of U.P.), but the Additional Sessions Judge, court no. 1, Muzaffarnagar rejected the bail of the accused-applicant on 06.12.2024. He next submits that the applicant is aged about 86 years and he has criminal antecedent of one case in which he has already been acquitted by the court below. 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 State Law Officer has vehemently opposed the prayer of bail, but could not dispute the aforesaid fact. 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, old age of the applicant 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, Gaffar, 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 :- 20.3.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad