Neutral Citation No. - 2025:AHC:27863 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1390 of 2025 Applicant :- Akhtar Alias Naate Opposite Party :- State of U.P. Counsel for Applicant :- Anant Prakash Mishra,Suneel Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, Sri Rajesh Kumar Singh, learned AGA for the State-respondent and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Akhtar Alias Naate, seeking enlargement on bail in Case Crime No.288 of 2023, under Section 307 I.P.C., Police Station Lohta, District Varanasi. 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 26.11.2023. Learned counsel for the applicant submits that there is no independent or public witness of the alleged incident. Injured, in his statement, has not taken the name of the applicant and also not identified by the injured. 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, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. 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, Akhtar Alias Naate, 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 :- 27.2.2025 Radhika Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad