Neutral Citation No. - 2025:AHC:114491 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21607 of 2025 Applicant :- Sarfraz Alam @ Nadeem Opposite Party :- State of U.P. Counsel for Applicant :- Mukesh Kumar,Nikil Pathak Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsels for the applicant, Shri Rajesh Kumar Singh, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Sarfraz Alam @ Nadeem, seeking enlargement on bail in Case Crime No. 94 of 2025, under Sections 310 (2), 317 (3), 111, 3 (5) of the Bharatiya Nyaya Sanhita, 2023, Police Station Rajghat, District Gorakhpur. The bail application of the applicant in the court below was rejected by the learned Sessions Judge, Gorakhpur, vide order dated 28.05.2025. 3. 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 09.05.2025. Learned counsel for the applicant submits that similarly circumstanced co-accused Dev Kumar @ Deva and Rajat Kumar have already been enlarged on bail by co-ordinate Bench of this Court on 25.06.2025 and 27.06.2025, passed in Criminal Misc. Bail Application Nos. 19540 of 2025 and 21288 of 2025. 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. 4. Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but submits that similarly circumstanced aforesaid co- accused has already been granted bail by this Court. 5. 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Sarfraz Alam @ Nadeem, 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. ii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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. 8. 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 :- 15.7.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad