Neutral Citation No. - 2025:AHC:31977 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17830 of 2024 Applicant :- Utkarsh Tripathi Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Chaubey,Pramod Kumar Srivastava,Rohit Kumar Shukla Counsel for Opposite Party :- G.A.,Hari Keshav Hon'ble Ashutosh Srivastava,J. Heard Pramod Kumar Srivastava, learned counsel for the applicant, Sri Umesh Kumar Singh, learned AGA for the State- Respondent, Sri Hari Keshav, 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 seeking enlargement on bail in Case Crime No. 85 of 2024, under Sections 326, 307, 504, 34 of the Indian Penal Code, Police Station Mugalsarai, District Chandauli. 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 it is a matter of cross case and in the present offence both the sides have registered cross FIR against each other. He further submits that in the alleged offence both the sides have received injury. Learned counsel for the applicant submits that in the FIR it has been alleged that due to an old land dispute Chandra Bhushan Tripathi threw petrol on Vijay Kumar Gupta and thereafter Utkarsh Tipathi set the body on fire to which the informant started burning. He submits that the applicant is in jail since 13.03.2024 and charge-sheet has been filed and the applicant is not required any custodial interrogation. 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, Utkarsh Tripathi, 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 :- 5.3.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad