Neutral Citation No. - 2025:AHC:128855 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23039 of 2025 Applicant :- Billu Alias Sallu Opposite Party :- State of U.P. Counsel for Applicant :- Rajendra Kumar Pandey,Smt. Kirti Pandey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Rajendra Kumar Pandey, learned counsel for the applicant and Shri Arimardan Yadav, learned A.G.A. representing the State respondents. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Billu Alias Sallu, seeking enlargement on bail in Case Crime No. 40 of 2011, under Sections-302, 201, 34, 394, 411 I.P.C., Police Station-Link Road, District-Ghaziabad. 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 18.02.2025. Learned counsel for the applicant submits that in the present case the applicant was granted bail by the Court below on 20.05.2011 itself. Charge sheet has been submitted by the police against the applicant and two other persons on 30.03.2011, trial was started in the year 2011 and the applicant is facing trial in the present case. After being released on bail the applicant was regularly appearing before the Court. Thereafter the applicant due to depression became drug addict and was admitted in Durg Addition Centre and therefore the applicant was unable to appear before the Court, the Court below has issued Non Bailable Warrant against the applicant vide order dated 03.07.2023 fixing 14.07.2023. Thereafter the applicant was arrested on 18.02.2025 and sent to jail. 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 learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. 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, Billu @ Sallu, 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 :- 1.8.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad