Neutral Citation No. - 2025:AHC:63882 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1155 of 2025 Applicant :- Vikki Prasad Opposite Party :- State of U.P. Counsel for Applicant :- Kamlesh Kumar Singh,Mukesh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Compliance affidavit filed today is taken on record. Heard learned counsel for the applicant and Shri Purshottam Maurya, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, has been moved on behalf of accused- applicant, Vikki Prasad, seeking enlargement on bail in Case Crime No. 364 of 2024, under Sections 109, 61(2), 336 (2) B.N.S. and Section 11 of U.P. Prevention of Cow Slaughter Act, and Section 3/4/25/27 Arms Act, Police Station Sevrahi, District- Kushinagar. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number. The applicant is languishing in jail since 27.10.2024. First Information Report has been lodged on 27.10.2024, with the allegation that on the information of informer the police party has tried to stop some of the accused persons involving in the crime of cow slaughtering applicant and the other co-accused persons opened fire on the police party and the informant and other police personnels anyhow save themselves and arrested the applicant and other accused persons fled from the spot. From the possession of the applicant recovered one country made pistol and three cartridges. He further submits that the recovery shown from the applicant is planted one. There is no eye witness of the aforesaid recovery. Criminal history of seven cases has been explained in paragraph no. 20 of the affidavit filed in support of bail application 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 has vehemently opposed, but could not dispute the aforesaid facts. 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, Vikki Prasad, 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 :- 25.4.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad