Neutral Citation No. - 2025:AHC:56714 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 633 of 2025 Applicant :- Naseem Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vipin Gangwar Counsel for Opposite Party :- G.A.,Mohammad Waseem Hon'ble Ashutosh Srivastava,J. Counter affidavit filed on behalf of the informant, is taken on record. Heard Shri Vipin Gangwar, learned counsel for the applicant, Ms. Julekha Begum, holding brief of Mohammad Waseem, learned counsel for the informant, Shri D.P.S. Chauhan, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant Naseem, seeking enlargement on bail in Case Crime No. 963 of 2024, under Sections 85, 109, 115(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Baradari, District Bareilly. 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 27.09.2024. Learned counsel for the applicant submits that the F.I.R. is highly delayed, which has been lodged after more than 2 days of the alleged offence and there is no plausible explanation about the delay caused in lodging of the said F.I.R. which clearly shows that the F.I.R. has been lodged with mala-fide intention and ulterior motive only to harass and humiliate the applicant and his entire family members. Learned counsel for the applicant further submits that wife of the applicant and informant and other in-laws were always putting pressure upon the applicant to leave his family and reside with his wife separately, to which the applicant was not ready, due to said reason the first informant and his family members started keeping enmity with the applicant and his family members. 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. Learned AGA as well as learned counsel for the informant have vehemently opposed the prayer for bail. 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. Accordingly, the bail application is allowed. Let the accused-applicant Naseem, 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 :- 16.4.2025 Vikram Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad