Neutral Citation No. - 2025:AHC:13067 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45664 of 2024 Applicant :- Shiv Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Dubey,Vidya Kant Tripathi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Shri Shashank Singh, learned Brief Holder for the State-respondents and perused the record. 2. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Shiv Kumar, seeking enlargement on bail in Case Crime No. 05 of 2024, under Sections 307, 323, 504, 506 of the Indian Penal Code, Police Station Padari, District Mirzapur. 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 11.03.2024; as per F.I.R. no specific role has been assigned to the applicant; 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; co-accused namely Manjeet and Bhola have already been released on bail vide orders dated 4.9.2024 passed by the co-ordinate Bench of this Court & 18.11.2024 passed by this Court in Crl. Misc. Bail Application Nos. 8477 of 2024 & 34617 of 2024, respectively. Hence, bail has been prayed for. 4. Learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. 5. 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Shiv Kumar, 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. iii. 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 :- 24.1.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad