Neutral Citation No. - 2025:AHC:137991 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23341 of 2025 Applicant :- Musahid Opposite Party :- State of U.P. Counsel for Applicant :- Mrityunjay Dwivedi Counsel for Opposite Party :- G.A., Najam Uz Zaman Khan Hon'ble Ashutosh Srivastava,J. Heard Shri Mrityunjay Dwivedi, learned counsel for the applicant, learned AGA for the State, Shri Najam Uz Zaman Khan, learned counsel for the first informant and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Musahid, seeking enlargement on bail in Case Crime No. 23 of 2025 , under Sections 103 (1) of the Bharatiya Nyaya Sanhita, 2023, Police Station Kotwali, District Aligarh. 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 3.2.2025. Learned counsel for the applicant submits that FIR has been lodged against unknown person. In the CCTV footage, presence of applicant was not found from where liquor was being purchased by the co-accused Abdul Razzak along with Afzal Khan. Name of applicant has surfaced on record on the basis of confessional statement of co-accused and confessional statement cannot be read in evidence at this stage. The witness Matroo Khan, from where the alleged blade used in the commission of the crime was purchased, has also not nominated the applicant only he said that some unknown person aged about 20 years had purchased the blade. No test identification parade was got conducted. 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 first informant have vehemently opposed the prayer for bail by submitting that applicant had been assigned the role of catching hold the hand and leg of the deceased. Learned counsel for the first informant submits that case of applicant is clearly distinguishable from main accused Abdul Razzak. The applicant had confessed his guilt before the Police. 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, Musahid, 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 :- 12.8.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad