Neutral Citation No. - 2025:AHC:40898 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1149 of 2025 Applicant :- Ayush Alias Nauna Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Maurya,Shweta Singh Counsel for Opposite Party :- Ashwani Tripathi,G.A.,Ramanuj Tripathi Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, Sri Shashank Singh, learned AGA for the State-Respondent and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Kapil, seeking enlargement on bail in Case Crime No.343 of 2024, under Sections 191(2), 191(3), 352, 109, 151(2), 61(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Gabhana, District Aligarh. 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 05.11.2024. No specific role has been assigned to the applicant, only general allegation has been made. Nothing has been recovered from the possession of the applicant. The applicant has criminal antecedent of one case, in which, he has not received any notice, summon or warrant till date, and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. It is further submitted that on the similar footing the co- accused Kapil has been granted bail by this Court vide order dated 27.02.2025 passed in Criminal Misc. Bail Application No. 209 of 2025, therefore, applicant is also entitled to be released 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, Ayush Alias Nauna, 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 :- 20.3.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad