Neutral Citation No. - 2025:AHC:28756 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16849 of 2024 Applicant :- Gaurav Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Adesh Kumar,Rajesh Kumar Kanojia Counsel for Opposite Party :- G.A.,Sanjay Kr. Srivastava Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed today by learned counsel for the applicant is taken on record. Heard Sri Rajesh Kumar Kanojia, learned counsel for the applicant, Sri Bijendra Kumar, learned AGA for the State- Respondent, Sri Sanjay Kumar Srivastava, learned counsel for the first informant and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Gaurav Kumar, seeking enlargement on bail in Case Crime No. 31 of 2024, under Section 307 of the Indian Penal Code, Police Station Hastinapur, District Meerut. 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 submits that the applicant is not named in the FIR and his name surfaced in the statement of family members of the first informant. Learned counsel for the applicant further submits that the applicant has been arrested from his house showing a false recovery of piece of brick from the place of incident. There is no independent witness of the alleged incident and the applicant has been roped in the present case only on the basis of last-seen and on the ground of suspicion. He submits that in the present case, charge-sheet has been filed and the applicant is not required any custodial interrogation. No motive or intention has been assigned to the applicant in the present case. The applicant is languishing in jail since 09.02.2024. 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. Hence, the bail has been prayed for. Learned counsel for the AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Gaurav Kumar, 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 :- 28.2.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad