Neutral Citation No. - 2025:AHC:29999 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1320 of 2025 Applicant :- Nitin And Another Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed on behalf of the applicant is taken on record. Heard Shri Sandeep Kumar Srivastava, learned counsel for the applicants, Sri Arimardan Yadav, learned AGA for the State- Respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicants, Nitin and Aryan, seeking enlargement on bail in Case Crime No. 713 of 2024, under Sections 125, 109, 61(1)(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023, Police Station Gajraula, District J.P. Nagar (Amroha). Learned counsel for the applicants argued that the accused- applicants are innocent and have been falsely implicated in this case crime number. Learned counsel for the applicants submits that the applicants are not named in the FIR and their names were surfaced during the course of investigation. In the alleged incident the main role has been assigned to one Anuj and he has been exonerated by the Police. He further submits that no specific role has been assigned to the applicants. He further submits that it is a case of no injury and nothing incriminating material has been recovered from the possession of the applicants. The co-accused Mait has been enlarged on bail by this Court vide order dated 04.02.2025 in Criminal Misc. Bail Application No.45706 of 2024, therefore, the application is also entitled for bail on the ground of parity. The applicants are languishing in jail since 02.11.2024. The criminal history of the applicant has been explained in paras 3 to 8 of the supplementary affidavit and there is no likelihood of their fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the bail has been prayed for. Learned AGA has vehemently opposed, but could not dispute the aforesaid facts. Considering all those facts and circumstances, enlargement of co- accused on bail, 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-applicants, Nitin and Aryan, involved in above mentioned case crime number be released on bail, on their 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 applicants will not tamper with the evidence. 2. The applicants will not indulge in any criminal activity. 3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicants will appear regularly on each and every date fixed by the trial court, unless their 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 their bail. Order Date :- 3.3.2025 Jitendra Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad