Neutral Citation No. - 2025:AHC:94497 Court No. - 48 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17887 of 2025 Applicant :- Akash Alias Dipendra Alias Gola Opposite Party :- State of U.P. Counsel for Applicant :- Amitrana Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant and learned AGA for the State and perused the record. 2. The present bail application has been filed by the applicant involved in Case Crime No. 1138 of 2024, under Sections 140(2), 317(3) BNS, P.S.- Kotwali City Bijnor, District- Bijnor, with the prayer to enlarge him on bail. 3. Learned counsel for the applicant argued that applicant is innocent and he has been falsely implicated in this case. The applicant is not named in the first information report, which was lodged against co-accused Rahul Saini. The allegation that applicant along with co-accused persons was involved in kidnapping of alleged film actor Mustak Mohammad Khan, is wholly false and there is no credible evidence to support the same. No 'test identification parade' of applicant has been conducted. Involvement of applicant was shown on the basis of statement of co-accused, namely, Shabiuddin @ Shaibbi and Azeem Ahmad. The allegation that an amount of Rs.10,200/- shown recovered from applicant was withdrawn from the account of said Mustak Mohammad Khan, is wholly false and there is no evidence to support the same. It is further submitted that similarly placed co- accused Shashank @ Shashank Bhardwaj, Shiva, Lavi @ Himanshu @ Sushant & Shubham have already been granted bail by co-ordinate Benches of this Court. Learned counsel has referred contents of the first information report and statements of witnesses and submitted that there is no credible evidence against applicant. The investigation of the case is complete and charge-sheet has been filed in the Court. The applicant - accused is in judicial custody since 20.12.2024. The applicant has no criminal history. Lastly, it was submitted that in case applicant is granted bail, he shall not misuse the liberty of bail and would co-operate during trial. 4. Learned A.G.A. has opposed the prayer of bail but it could not be disputed that similarly placed co-accused Shashank @ Shashank Bhardwaj, Shiva, Lavi @ Himanshu @ Sushant & Shubham have already been granted bail by co-ordinate Benches of this Court. 5. I have considered rival submissions and perused the record. 6. It is well settled that at pre-conviction stage, there is presumption of innocence. The object of keeping a person in custody is to ensure his availability to face the trial and to receive the sentence that may be passed. The detention is not supposed to be punitive or preventive. Seriousness of the allegation or the availability of material in support thereof are not the only considerations for declining bail. In this connection reference may be made to case of Vinod Bhandari V State of M.P. (2015) 11 Supreme Court Cases 502. 7. In the instant matter, considering submissions of learned counsel for the parties, nature of accusations, period of detention and all attending facts and circumstances of the case, without expressing any opinion on the merits, a case for bail is made out. According bail application is allowed. 8. Let the applicant Akash @ Dipendra @ Gola involved in aforesaid case crime, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: (i). The applicant shall not tamper with the evidence during the trial. (ii). The applicant shall not pressurize / intimidate the prosecution witness. (iii). The applicant shall appear before the Trial Court on the date fixed, unless personal presence is exempted. (iv). The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence. 9. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant in accordance with law. Order Date :- 2.6.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad