Neutral Citation No. - 2025:AHC:133486 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23793 of 2025 Applicant :- Vimal Gaud Opposite Party :- State of U.P. Counsel for Applicant :- Bhasker Dev Pandey,Brijesh Kumar Shukla,Tiwari Abhishek Rajesh Counsel for Opposite Party :- G.A.,Krishna Mani Hon'ble Ashutosh Srivastava,J. Heard Shri Tiwari Abhishek Rajesh, learned counsel for the applicant and Shri Krishna Mani, learned counsel for the first informant as well as Shri Arimardan Yadav, learned A.G.A. for the State respondents and perused the record. The present bail application under Section 439 Cr.P.C. has been filed on behalf of applicant, Vimal Gaud, with a prayer to release him on bail in Case Crime No. 61 of 2025, under Sections 115 (2), 352, 351 (2), 3 (5), 109 (1) and 103 (1) BNS, Police Station- Koraon, District Prayagraj. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case and is languishing in jail since 17.03.2025. He further submits that First Information Report was lodged against two named i.e. Jitendra Yadav and Rahul Verma, and two unknown persons. Applicant was not named in the First Information Report. Name of the applicant has been surfaced in the statement of the informer with the allegation that the accused persons, including the applicant, of the Case Crime No. 61 of 2025 are present at the house of Jitendra Kumar Yadav and they are planning to fled away. On the said information the police party arrested the applicant and other accused persons from the house of the co-accused Jitendra Kumar Yadav. Learned counsel for the applicant submits that in the present case charge sheet has been filed on 14.04.2025 against the applicant and other co-accused persons and the Court has taken cognizance of the same on 13.06.2025. Learned counsel for the applicant further submits that the applicant has no criminal antecedents 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 but could not dispute the fact that the applicant was not named in the first information report and he has no criminal antecedents. 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, Vimal Gaud, 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 :- 7.8.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad